Section 99 CrPC: Direction of Search Warrants and Section 102 BNSS
A guide to the procedural rules governing the direction and execution of search warrants under the former Code of Criminal Procedure, 1973, and the Bharatiya Nagarik Suraksha Sanhita, 2023.
What did Section 99 CrPC provide?
Section 99 of the Code of Criminal Procedure, 1973, was titled "Direction, etc., of search-warrants". Its statutory text stated:
The provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 or section 97.
Section 99 did not independently authorize the issue of a search warrant. It made specified procedural rules concerning warrants applicable, to the extent practicable, to search warrants issued under the listed provisions.
Section 102 BNSS: Current corresponding provision
Section 102 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is also titled "Direction, etc., of search-warrants". It provides:
The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100.
The phrase "so far as may be" means that the referenced procedures apply insofar as they can suitably operate in the context of a search warrant. The provision is procedural and should be read together with the particular section authorizing the search.
Search warrants covered by Section 102 BNSS
| BNSS provision | Subject matter | Earlier CrPC provision |
|---|---|---|
| Section 96 | When a search warrant may be issued | Section 93 |
| Section 97 | Search of places suspected to contain stolen property, forged documents and specified other items | Section 94 |
| Section 98 | Declaration of forfeiture of certain publications and issue of search warrants | Section 95 |
| Section 100 | Search for persons wrongfully confined | Section 97 |
Procedural provisions applied by Section 102 BNSS
The following BNSS sections are incorporated by reference, subject to their suitability for search warrants:
| Section | Meaning and scope |
|---|---|
| 32 | Aid to a person other than a police officer executing a warrant. |
| 72 | Form of a warrant of arrest and its duration; relevant formal requirements apply as appropriate. |
| 74 | Persons to whom warrants may be directed. |
| 76 | Warrants directed to police officers. |
| 79 | Territorial extent of execution of warrants. |
| 80 | Forwarding warrants for execution outside the issuing court's jurisdiction. |
| 81 | Execution outside jurisdiction of warrants directed to police officers. |
Safeguards and related search procedures
Section 103 BNSS addresses access to closed places, facilities for conducting searches and relevant safeguards. Section 105 BNSS provides for recording searches and seizures through audio-video electronic means, subject to its terms. These are separate provisions that may be relevant when executing a search warrant; Section 102 itself does not reproduce all search safeguards.
Which law applies after 1 July 2024?
For proceedings governed by the BNSS, Section 102 is the relevant provision. Section 531 BNSS repeals the CrPC while preserving specified pending investigations, inquiries, trials, appeals and applications under its savings framework. The applicable law therefore depends on the nature and procedural status of the particular matter.
Official legal sources
Consult the official BNSS text published by the Bureau of Police Research and Development, the National Crime Records Bureau's BNSS chapter text, and the government new criminal laws resource page. The official text should be consulted for the full language and any subsequent amendments.
Frequently asked questions
Is Section 99 CrPC still the current provision?
No. The corresponding provision in the BNSS is Section 102. The old section may remain relevant in proceedings saved under Section 531 BNSS.
Does Section 102 BNSS itself empower a court to issue a search warrant?
No. It applies specified warrant procedures to search warrants issued under Sections 96, 97, 98 and 100 BNSS.
Can a search warrant be executed outside the issuing court's local jurisdiction?
Relevant procedures for execution beyond local jurisdiction are addressed by Sections 79, 80 and 81 BNSS, as applied where appropriate by Section 102.