Section 93 CrPC: When a Search Warrant May Be Issued - Section 96 BNSS
Section 93 of the Code of Criminal Procedure, 1973 (CrPC) sets out when a court may issue a search warrant. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is Section 96.
What is a search warrant?
A search warrant is a judicial authorisation permitting the person named or directed in the warrant to search or inspect a place for a legally specified purpose. Section 93 CrPC and Section 96 BNSS establish the grounds for issuing such warrants and permit the court to restrict their geographical scope.
Section 93 CrPC - Statutory provision
93. When search-warrant may be issued
(1)(a) Where any Court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or
(b) where such document or thing is not known to the Court to be in the possession of any person; or
(c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed may search or inspect in accordance therewith and the provisions hereinafter contained.
(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.
Section 96 BNSS - Corresponding current provision
Section 96 BNSS is titled "When search-warrant may be issued". It substantially retains the three grounds under Section 93 CrPC, while updating references to Section 94 BNSS (summons to produce documents or things) and Section 95 BNSS (procedure as to letters).
Section 96(1): Three grounds for a search warrant
- Likely non-production: The court has reason to believe that the person concerned will not produce the document or thing under a summons or requisition.
- Unknown possession: The court does not know who possesses the document or thing.
- Need for general search: The court considers a general search or inspection useful for an inquiry, trial or other proceeding under the BNSS.
Section 96(2): Limiting the place to be searched
The court may identify a particular place or part of a place in the warrant. The executing officer must keep the search within that specified area.
Section 96(3): Postal custody
Only a District Magistrate or Chief Judicial Magistrate may grant a warrant under this provision to search for a document, parcel or other thing in the custody of the postal authority. Unlike the CrPC wording, the BNSS provision does not refer to a telegraph authority.
How the search-warrant power operates
The court must identify a statutory basis for authorising the search. A warrant is not automatic merely because an investigation is underway. The search must be executed according to the warrant and other applicable procedural safeguards.
For example, where a material record is needed for a criminal proceeding and the court has reason to believe that a person will not produce it when directed, the court may consider issuing a warrant. Where the location is specified in the warrant, the authorised search must remain within that limit.
Related safeguards under the BNSS
Other provisions may govern how the warrant is carried out. Section 102 BNSS concerns directions and related rules for search warrants; Section 103 concerns searches of closed places; and Section 105 provides for recording search and seizure through audio-video electronic means. Their application depends on the circumstances and the governing statutory requirements.
Frequently asked questions
Which BNSS section replaces Section 93 CrPC?
Section 96 BNSS is the corresponding provision dealing with when a search warrant may be issued.
Can a court limit a search warrant to one room or area?
Yes. Section 93(2) CrPC and Section 96(2) BNSS permit the court to specify the particular place or part to be searched.
Is a summons always required before a search warrant?
No. The statute includes separate grounds where the person holding the item is unknown or a general search is considered appropriate for the proceeding.
Can any Magistrate authorise a search of postal articles?
No. Under Section 96(3) BNSS, the special power described there is restricted to a District Magistrate or Chief Judicial Magistrate.
Official legislation and further reading
India Code - official central legislation database
Bureau of Police Research and Development - BNSS reference and CrPC comparison (PDF)
This article provides general legal information. The applicable procedure depends on the date and nature of the proceeding and any subsequent legislative or judicial developments.