Magistrate may direct search in his presence
Section 108 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with magistrate may direct search in his presence. Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant The Act came into force on 01 Jul 2024.
Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant
Section 108, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 103 Magistrate may direct search in his presence 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 The repealed enactment still governs what happened while it was in force.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.
Questions about Section 108
What does Section 108 of the Bharatiya Nagarik Suraksha Sanhita deal with?
Section 108 of the Bharatiya Nagarik Suraksha Sanhita is headed "Magistrate may direct search in his presence". Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant
How do I find court cases under Section 108 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 108, section 108 BNSS, section 108 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 108 punishment and bns 108 in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 108 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 103 (Magistrate may direct search in his presence), so the judgments decided under that provision are the case law on this one.
When did Section 108 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 108 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 108, 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.