Search for persons wrongfully confined
Section 100 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with search for persons wrongfully confined. If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for The Act came into force on 01 Jul 2024.
If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
Section 100, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 97 Search for persons wrongfully confined Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
T. Jeen Joseph v. District Collector, Nagercoil
Court's Decision & Legal Precedent
BNSS s.100 empowers District/SDM/First-class Magistrate to issue a search warrant where confinement amounts to an offence; person found must be produced before a Magistrate for suitable orders. Applied to allegedly illegal confinement of a mentally unsound adult, directing the RDO to issue a warrant to the local SI.
On this section: s.100 search for persons wrongfully confined — warrant directed for alleged private confinement of mentally unsound sibling
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 100
What have the courts held on Section 100 of the Bharatiya Nagarik Suraksha Sanhita?
T. Jeen Joseph v. District Collector, Nagercoil (06 Aug 2024) is the leading judgment on this section among those set out below: s.100 search for persons wrongfully confined — warrant directed for alleged private confinement of mentally unsound sibling.
How do I find court cases under Section 100 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 100, section 100 BNSS, section 100 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 100 in crpc and 100 bnss act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with T. Jeen Joseph v. District Collector, Nagercoil (06 Aug 2024).
What should I read with Section 100 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 97 (Search for persons wrongfully confined), so the judgments decided under that provision are the case law on this one.
When did Section 100 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 100 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 100, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.