Disposal of things found in search beyond jurisdiction
Section 101 of the Code of Criminal Procedure, 1973 deals with disposal of things found in search beyond jurisdiction. When, in the execution of a search-warrant 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 t The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
When, in the execution of a search-warrant 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.
D.-Miscellaneous
Section 101, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 104 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 The repealed enactment still governs what happened while it was in force.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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under the Code of Criminal Procedure, 1973 (2 of 1974): Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) of Section 101: Provided further that the assessment under this section shall be completed within the period specified in Section 14. 36. Thus, what Section 15 contemplates is that in a case of heinous offence alleged to have been committed by a juvenile who has completed or is above 16 years of age, the JJB shall conduct a …
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… assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under the Code of Criminal Procedure, 1973 (2 of 1974): Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) of Section 101: Provided further that the assessment under this section shall be completed within the period specified in Section 14. 36. Thus, what Section 15 contemplates is that in a case of heinous offence alleged to have been committed by a juvenile who has completed or is above 16 years of age, the JJB shall conduct a …
Questions about Section 101
What have the courts held on Section 101 of the Code of Criminal Procedure?
Vikram Singh vs The State (02 Sep 2003) is the leading judgment on this section among those set out below: Authority for search warrant applications; the Kalanda was submitted under this section.
How do I find court cases under Section 101 of the Code of Criminal Procedure?
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: CRPC 101, section 101 CRPC, section 101 of the Code of Criminal Procedure. 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 101 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 104 (Disposal of things found in search beyond jurisdiction), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 101 of the Code of Criminal Procedure come into force?
Section 101 of the Code of Criminal Procedure, cited as CRPC 101, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.