BNSS 2023/103 CHAPTER VII Persons in charge of closed place to allow search.

BNSS 2023/103 CHAPTER VII Persons in charge of closed place to allow search.

(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.

(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 220 of the Bharatiya Nyaya Sanhita, 2023.

Read in Simple English

Persons in charge of a closed place must allow search

1. Allow entry for search – If a place that needs to be searched is closed, the person living there or in charge must, when shown the warrant, allow the officer to enter and help in the search.
2. Forced entry if refused – If entry is not allowed, the officer can break open doors etc., as allowed in Section 44(2).
3. Search of persons – If anyone in that place is suspected of hiding something on their body, they can be searched.
   • If the person is a woman, only another woman can search her, with respect for decency.
4. Witnesses to the search – Before the search, the officer must call at least two independent local people (or from another area if locals are unavailable/unwilling) to witness the search. They may be given a written order to attend.
5. Record of seized items –
   • The search must be done in their presence.
   • A list of all seized items and where they were found must be written and signed by the witnesses.
   • Witnesses are not required to appear in court unless specially summoned.
6. Rights of the occupant –
   • The house owner or someone on his behalf has the right to be present during the search.
   • They must also be given a signed copy of the list of seized items.
7. Rights of a searched person – If any person is searched, a list of items taken from them must be prepared and a copy given to that person.
8. Punishment for refusing to witness – If someone, without good reason, refuses to act as a search witness when ordered in writing, it will be treated as an offence under Section 220 of Bharatiya Nyaya Sanhita, 2023.

👉 In short: This law ensures that searches are fair, transparent, and done in the presence of witnesses, while also protecting the dignity of women and the rights of occupants.