Section 104 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 104 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedure for handling items discovered during the execution of a search warrant beyond the jurisdiction of the court that issued it.
📜 Text of Section 104
Disposal of Things Found in Search Beyond Jurisdiction
When, in the execution of a search warrant at any place beyond the local jurisdiction of the court which issued the same, any of the things for which search is made are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the court issuing the warrant, unless such place is nearer to the magistrate having jurisdiction therein than to such court, in which case the list and things shall be immediately taken before such magistrate; and, unless there be good cause to the contrary, such magistrate shall make an order authorizing them to be taken to such court.
⚖️ Legal Context
Section 104 ensures that items seized during a search beyond the jurisdiction of the issuing court are promptly presented to the appropriate authority. This provision maintains the integrity of the search process and ensures that seized items are handled in accordance with the law
📚 Equivalent Provision in the Code of Criminal Procedure (Cr.P.C.)
Section 104 of the BNSS corresponds to Section 101 of the Code of Criminal Procedure (Cr.P.C.), 1973. Both provisions outline the procedure for handling items found during a search conducted outside the jurisdiction of the issuing court. The BNSS provision mirrors the Cr.P.C. to ensure consistency in the legal framework governing searches and seizures.
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