Direction, etc., of search-warrants
Section 102 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with direction, etc., of search-warrants. 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 Act came into force on 01 Jul 2024.
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.
Section 102, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 99 Direction, etc., of search warrants Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
- s. 32 Aid to person, other than police officer, executing warrant
- s. 72 Form of warrant of arrest and duration
- s. 74 Warrants to whom directed
- s. 76 Warrant directed to police officer
- s. 79 Where warrant may be executed
- s. 80 Warrant forwarded for execution outside jurisdiction
- s. 81 Warrant directed to police officer for execution outside jurisdiction
- s. 96 When search-warrant may be issued
- s. 97 Search of place suspected to contain stolen property, forged documents, etc
- s. 98 Power to declare certain publications forfeited and to issue search-warrants for same
- s. 100 Search for persons wrongfully confined
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.
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Md. Ibrahim Hussain vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 99, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a police investigation has been completed, witnesses have been examined, and a final report has been filed citing lack of evidence, a writ of mandamus cannot be issued to compel further investigation. The appropriate remedy for a complainant dissatisfied with the investigation and final report is to file a protest application before the concerned court, not to seek judicial intervention through a writ petition.
On this section: Power to examine witnesses and seize documents - cited by petitioner as basis for mandamus petition
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 102
What have the courts held on Section 102 of the Bharatiya Nagarik Suraksha Sanhita?
Md. Ibrahim Hussain vs The State of Andhra Pradesh (08 Nov 2019) is the leading judgment on this section among those set out below, though it was decided under CRPC 99, which this section replaced -- the court never mentioned this Act: Power to examine witnesses and seize documents - cited by petitioner as basis for mandamus petition.
How do I find court cases under Section 102 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 102, section 102 BNSS, section 102 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 102 malayalam and bns 102 section punishment. 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 Md. Ibrahim Hussain vs The State of Andhra Pradesh (08 Nov 2019).
What should I read with Section 102 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 32 (Aid to person, other than police officer, executing warrant), section 72 (Form of warrant of arrest and duration), section 74 (Warrants to whom directed), section 76 (Warrant directed to police officer), and on 7 further provisions, so none of them can safely be read on its own. It carries forward CrPC 99 (Direction, etc., of search warrants), so the judgments decided under that provision are the case law on this one.
When did Section 102 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 102 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 102, 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.