Indian criminal procedure | Updated 17 October 2026

Section 103 CrPC - Magistrate May Direct Search in His Presence | Section 108 BNSS

Section 103 of the Code of Criminal Procedure, 1973 authorised a Magistrate to direct a search in the Magistrate's presence when competent to issue a search warrant for that place. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 108 BNSS.

Current legal position: The BNSS came into force on 1 July 2024, replacing the CrPC subject to applicable savings and transitional provisions. Section 108 BNSS retains the substance of former Section 103 CrPC. For pending proceedings, check Section 531 BNSS and the relevant case circumstances.

Text of Section 103 CrPC, 1973

Heading: Magistrate may direct search in his presence.

Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

Corresponding Section 108 BNSS, 2023

Heading: Magistrate may direct search in his presence.

Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

The statutory language is unchanged in substance. The section does not confer an unrestricted right to search any premises; the Magistrate must already be legally competent to issue a search warrant for the particular place.

Meaning and scope of the provision

1. Who may exercise the power?

The provision refers to any Magistrate, but its operation is expressly limited by that Magistrate's legal competence to issue a search warrant for the place concerned. The relevant statutory authority and jurisdiction must therefore be established.

2. What does a search in the Magistrate's presence mean?

The Magistrate may direct that a search be conducted while personally present. This permits direct judicial oversight of the execution of the search, but does not dispense with other applicable statutory requirements governing searches and seizures.

3. Is the power automatic?

No. The word "may" confers a discretionary power. Its exercise must remain within the statutory conditions governing search warrants and must not be treated as a general power to search premises without legal authority.

Related safeguards and procedure under the BNSS

Section 96: Specifies circumstances in which a search warrant may be issued.
Section 102: Deals with directions and related rules governing search warrants.
Section 103: Provides rules for searches of closed places, including witnesses, search lists and participation of occupants where applicable.
Section 105: Addresses recording of search and seizure through audio-video electronic means, subject to its terms.
Section 108: Permits a competent Magistrate to direct a search in the Magistrate's presence.

These provisions should be read together, as relevant to the type of search, rather than treating the Magistrate's presence as a substitute for procedural compliance.

Section 103 CrPC and Section 108 BNSS: comparison

Issue	Earlier CrPC	Current BNSS
Provision	Section 103	Section 108
Subject	Magistrate may direct search in his presence	Magistrate may direct search in his presence
Power	Direct a search in the Magistrate's presence	Same substantive power
Condition	Competence to issue a search warrant for the place	Same condition

Practical example

Suppose a Magistrate is legally competent to issue a search warrant for specified premises in a criminal proceeding. Instead of merely directing execution of the search without being present, the Magistrate may direct that the search take place in the Magistrate's presence. The legality of the search still depends on the governing statutory provisions and facts.

Frequently asked questions

Which BNSS section replaces Section 103 CrPC?

Section 108 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 103 of the Code of Criminal Procedure, 1973.

Can every Magistrate order a search of any place?

No. The Magistrate must be competent to issue a search warrant for the particular place.

Does the Magistrate have to attend every search?

No. Section 108 creates an enabling power to direct a search in the Magistrate's presence; it does not require personal attendance at every search.

Is Section 103 CrPC still relevant?

Yes, for understanding the earlier law, relevant case law, and proceedings to which the CrPC continues to apply under applicable savings or transitional rules.

Official statutory references

This article provides general legal information. Applicable amendments, court decisions, and procedural facts should be verified before relying on it in a specific matter.