Disposal of things found in search beyond jurisdiction
Section 104 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with disposal of things found in search beyond jurisdiction. When, in the execution of a searchwarrant 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 ta The Act came into force on 01 Jul 2024.
When, in the execution of a searchwarrant 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 authorising them to be taken to such Court.
Section 104, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 101 Disposal of things found in search beyond jurisdiction 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 The repealed enactment still governs what happened while it was in force.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.
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.
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Vikram Singh vs The State
Decided under Code of Criminal Procedure 101, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When proceedings relating to a search warrant application (Kalanda) are pending before a Special Executive Magistrate and no action has been taken, the appropriate remedy for the petitioner is to approach the Special Executive Magistrate first rather than seek High Court intervention. However, the High Court may grant interim relief by directing the magistrate to decide expeditiously and restraining police action pending such decision.
On this section: Authority for search warrant applications; the Kalanda was submitted under this section
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 104
What have the courts held on Section 104 of the Bharatiya Nagarik Suraksha Sanhita?
Vikram Singh vs The State (02 Sep 2003) is the leading judgment on this section among those set out below, though it was decided under CRPC 101, which this section replaced -- the court never mentioned this Act: Authority for search warrant applications; the Kalanda was submitted under this section.
How do I find court cases under Section 104 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 104, section 104 BNSS, section 104 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 104 1 in hindi. 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 Vikram Singh vs The State (02 Sep 2003).
What should I read with Section 104 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 101 (Disposal of things found in search beyond jurisdiction), so the judgments decided under that provision are the case law on this one.
When did Section 104 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 104 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 104, 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.