Direction, etc., of search warrants
Section 99 of the Code of Criminal Procedure, 1973 deals with direction, etc., of search warrants. Direction,etc., of search warrants. The provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 or section 97. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Direction,etc., of search warrants. The provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 or section 97.
Section 99, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 102 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 The repealed enactment still governs what happened while it was in force.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. 38 Aid to person, other than police officer, executing, warrant
- s. 70 Form of warrant of arrest and duration
- s. 72 Warrants to whom directed
- s. 74 Warrant directed to police officer
- s. 77 Where warrant may be executed
- s. 78 Warrant forwarded for execution outside jurisdiction
- s. 79 Warrant directed to police officer for execution outside jurisdiction
- s. 93 When search warrant may be issued
- s. 94 Search of place suspected to contain stolen property, forgeddocuments, etc
- s. 95 Power to declare certain publications forfeited and to issue searchwarrants for the same
- s. 97 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.
-
Md. Ibrahim Hussain vs The State of Andhra Pradesh
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 99
What have the courts held on Section 99 of the Code of Criminal Procedure?
Md. Ibrahim Hussain vs The State of Andhra Pradesh (08 Nov 2019) is the leading judgment on this section among those set out below: Power to examine witnesses and seize documents - cited by petitioner as basis for mandamus petition.
How do I find court cases under Section 99 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 99, section 99 CRPC, section 99 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 Md. Ibrahim Hussain vs The State of Andhra Pradesh (08 Nov 2019).
What should I read with Section 99 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 38 (Aid to person, other than police officer, executing, warrant), section 70 (Form of warrant of arrest and duration), section 72 (Warrants to whom directed), section 74 (Warrant directed to police officer), and on 7 further provisions, so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 102 (Direction, etc., of search-warrants), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 99 of the Code of Criminal Procedure come into force?
Section 99 of the Code of Criminal Procedure, cited as CRPC 99, 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.