Section 94 CrPC: Search of Places Suspected to Contain Stolen Property or Forged Documents

Section 94 of the Code of Criminal Procedure, 1973 authorised a magistrate to issue a special search warrant for premises suspected of being used to store or sell stolen property or specified objectionable articles. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 97 BNSS.

What does Section 94 CrPC provide?

Under Section 94(1), a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may act upon information and any inquiry considered necessary, if there is reason to believe that a place is used for the deposit or sale of stolen property, or for the deposit, sale or production of specified objectionable articles, or that such articles are deposited there.

The magistrate may issue a warrant authorising a police officer above the rank of constable to exercise the powers specified in the provision.

Powers available under Section 94(1)

1. Enter the specified place with such assistance as may be required.
2. Search the place in the manner specified in the warrant.
3. Take possession of property reasonably suspected to be stolen, or of an objectionable article covered by the section.
4. Bring the property or article before a magistrate, guard it at the spot until the offender is brought before a magistrate, or otherwise secure it in a safe place.
5. Take into custody and bring before a magistrate a person found there who appears knowingly involved in the deposit, sale or production of such property or articles, or has reasonable cause to suspect their character, as described in the section.

Objectionable articles covered by Section 94(2) CrPC

The provision specifically includes the following categories, rather than every article that might be objectionable in an ordinary sense:

1. Counterfeit coins.
2. Metal pieces covered by the former Metal Tokens Act, 1889 reference, or imported contrary to a notification under Section 11 of the Customs Act, 1962.
3. Counterfeit currency notes and counterfeit stamps.
4. Forged documents.
5. False seals.
6. Obscene objects referred to in Section 292 of the Indian Penal Code, 1860.
7. Instruments or materials used to produce any of the articles listed above.

Section 97 BNSS: Current corresponding provision

Section 97 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the core mechanism of Section 94 CrPC. A District Magistrate, Sub-divisional Magistrate or first-class magistrate may issue a warrant on the statutory grounds, and the warrant may authorise an officer above constable rank to enter, search, seize, secure property and take persons into custody within the limits set out by law.

The updated list in Section 97(2) refers to the Coinage Act, 2011 instead of the Metal Tokens Act, 1889, and to Section 294 of the Bharatiya Nyaya Sanhita, 2023 instead of Section 292 IPC for obscene objects. The Customs Act, 1962 reference remains relevant.

Section 94 CrPC and Section 97 BNSS: Key provisions

Requirements and procedural safeguards

The power is not a blanket permission to search any property. The competent magistrate must have the statutory reason to believe, based on information and such inquiry as considered necessary, that the place falls within the provision. The officer must follow the warrant and applicable search procedure.

Under the BNSS, other applicable safeguards include the rules for searches of closed places and witnesses under Section 103, and audio-video recording of search and seizure under Section 105, subject to the statutory terms and circumstances. These provisions should be read with Section 97 rather than treating Section 97 as a complete code for every search step.

Practical examples

Stolen goods warehouse: If credible information suggests that a warehouse is being used to store and sell stolen electronic goods, the competent magistrate may consider a warrant under Section 97 BNSS after the necessary inquiry.

Forged-document workshop: If premises are suspected to be used to produce forged certificates and false seals, the provision may authorise a targeted search and seizure of articles falling within its scope.

Counterfeit currency: Where a place is believed to hold counterfeit notes and the materials used to make them, the special warrant procedure may be relevant.

Frequently asked questions

What is the BNSS equivalent of Section 94 CrPC?

It is Section 97 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Who can issue the special search warrant?

A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, subject to the conditions in the provision.

Can a constable execute a warrant issued under this section?

The special authorisation under Section 97 is to a police officer above the rank of constable.

Does Section 97 allow seizure of any property?

No. It concerns reasonably suspected stolen property and the specified objectionable articles, subject to the statutory warrant and related procedural rules.

Does Section 94 CrPC still apply?

The CrPC was repealed with effect from 1 July 2024, subject to the savings and transitional provisions of Section 531 BNSS. The applicable procedural law depends on the status and timing of the proceedings.

Official legislation and references

• Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code text (Sections 97, 103, 105 and 531).
• Code of Criminal Procedure, 1973 - India Code text (Section 94).
• Bureau of Police Research and Development - New Criminal Laws.
• Ministry of Home Affairs - New Criminal Laws.

This article provides general legal information and does not replace advice on the facts of an individual case.