CHAPTER VII: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A. Summons to produce
Section 94: Summons to produce document or other thing
Sub-section (1): Who Can Issue and When
Explanation: If any Court or any Officer-in-Charge of a police station believes that the production of a specific document, electronic communication (including devices likely containing digital evidence), or any other physical thing is necessary or desirable for an investigation, inquiry, trial, or other proceeding under the BNSS, they can issue an order.
A Court issues a summons.
An Officer-in-Charge issues a written order (physical or electronic).
Target: The summons/order is directed to the person who is believed to possess or have power over that document or thing.
Requirement: It requires the person to either:
Attend the court/station and produce the item, OR
Simply produce the item (without attending personally – see sub-section 2) at the time and place specified.
Example 1 (Court): During a trial, the Magistrate believes emails exchanged between the accused and a company are crucial. The Magistrate issues a summons to the company’s record keeper to appear in court on a specific date with printouts or digital copies of those emails.
Example 2 (Police): During an investigation, the SHO believes CCTV footage from a nearby shop is important. The SHO issues a written order to the shop owner to produce the relevant CCTV recording (e.g., on a pen drive) at the police station by a certain time.
Sub-section (2): Production Without Personal Attendance
Explanation: If the summons or order only requires the production of a document or thing (and not the person’s testimony), the person is considered to have complied if they arrange for the document or thing to be produced at the specified time and place, even if they don’t attend personally.
Example: The shop owner in Example 2 sends an employee with the pen drive containing the CCTV footage to the police station at the specified time. The shop owner has complied with the order without having to go themselves.
Sub-section (3): Exceptions
Explanation: This section does not:
(a) Affect the rules protecting privileged communications between lawyers and clients (Sec 129 & 130 of Bharatiya Sakshya Adhiniyam, 2023) or the specific rules for accessing bankers’ books (Bankers’ Books Evidence Act, 1891).
(b) Apply to letters, postcards, documents, parcels, or things held in the custody of the postal authority (covered by Section 95).
Example (a): A court cannot use Sec 94 to force a lawyer to produce confidential communication received from their client regarding the case.
Example (b): Police cannot use a Sec 94 order to demand a letter currently held by the post office; they need to follow the procedure in Sec 95.
Section 95: Procedure as to letters
Sub-section (1): Order for Delivery
Explanation: If a District Magistrate (DM), Chief Judicial Magistrate (CJM), Court of Session, or High Court believes that a document, parcel, or thing currently in the custody of postal authorities is needed for any investigation, inquiry, trial, or other proceeding under the BNSS, that Magistrate or Court can issue an order requiring the postal authority to deliver the item to a specific person named in the order.
Example: During a high-profile investigation, the Sessions Court believes a crucial parcel sent by the suspect is with the postal service. The court issues an order to the postmaster, directing them to deliver that specific parcel to the investigating officer, Inspector Ravi.
Sub-section (2): Order for Search and Detention
Explanation: If any other Magistrate (Judicial or Executive, not DM/CJM), a Commissioner of Police, or a District Superintendent of Police (DSP/SP) believes such an item in postal custody is needed for the same purposes, they can require the postal authority to search for and detain (hold) the item. This detention is temporary, pending an order for delivery from a DM, CJM, or Court under sub-section (1).
Example: An Executive Magistrate investigating a local issue suspects a relevant letter is in the mail. They can issue an order to the post office asking them to find and hold that letter until the Magistrate can approach the DM or CJM to get a formal order (under sub-section 1) for its delivery to the investigating authority.
B. Search-warrants
Section 96: When search-warrant may be issued
Sub-section (1): Grounds for Issuance
Explanation: A court may issue a search warrant under the following circumstances:
(a) Non-Production: The court has reason to believe that a person who was (or could be) served a summons/order under Sec 94 (to produce a thing) or a requisition under Sec 95(1) (postal item) will not or would not produce the document or thing as required.
(b) Unknown Possession: The court doesn’t know who possesses the required document or thing.
(c) General Search/Inspection: The court believes that the purposes of the inquiry, trial, or proceeding would be served by a general search or inspection of a place.
Execution: The warrant authorizes the person it’s directed to (usually a police officer) to search or inspect the place according to the warrant’s terms and the general rules for searches.
Example (a): A court summoned a company to produce financial records (Sec 94). The company fails to comply or indicates resistance. The court can now issue a search warrant to search the company’s office for those records.
Example (b): Police suspect illegal weapons are hidden somewhere in a large warehouse complex but don’t know who exactly possesses them or in which specific unit. A court might issue a search warrant based on this lack of specific knowledge about possession.
Example (c): In a complex fraud case, the court believes a thorough inspection of the accused’s main office premises is necessary to uncover potential evidence scattered across different files and computers. It issues a warrant for a general search of the office.
Sub-section (2): Specifying Place
Explanation: The court can, if it wishes, specify in the warrant the particular place or even a specific part of a place to which the search or inspection must be confined. The person executing the warrant must then limit their search/inspection only to that specified area.
Example: Instead of a general search of an entire house, the warrant might specify “Search only the basement and the study room on the ground floor of the premises at [address]”. The officer cannot search the bedrooms under this warrant.
Sub-section (3): Restriction for Postal Items
Explanation: Only a District Magistrate (DM) or Chief Judicial Magistrate (CJM) is authorized to issue a search warrant for a document, parcel, or other thing that is in the custody of the postal authority. Other Magistrates cannot issue such warrants.
Example: A Judicial Magistrate of the First Class cannot issue a warrant to search the post office for a letter. If such a search is needed via warrant, the request must go through the DM or CJM.
Section 97: Search of place suspected to contain stolen property, forged documents, etc.
Sub-section (1): Who Can Issue and When
Explanation: If a District Magistrate (DM), Sub-divisional Magistrate (SDM), or Magistrate of the First Class receives information, and after making any necessary inquiry, has reason to believe that a place is being used for:
Deposit or sale of stolen property.
Deposit, sale, or production of any “objectionable article” defined in sub-section (2) (like counterfeit coins, forged documents, etc.). Or that such objectionable articles are simply deposited in any place.
Action: They can issue a warrant authorizing a police officer (above the rank of constable) to take specific actions.
Actions Authorized by Warrant:
(a) Entry: Enter the place, with necessary assistance.
(b) Search: Search the place in the manner specified in the warrant.
(c) Seizure: Take possession of any property or article found there reasonably suspected to be stolen property or an objectionable article.
(d) Conveyance/Guarding: Bring the seized property/article before a Magistrate, OR guard it on the spot until the offender is taken before a Magistrate, OR dispose of it in a safe place.
(e) Custody of Persons: Take into custody and bring before a Magistrate every person found in that place who appears to have been involved in the deposit, sale, or production, knowing or having reason to suspect the items were stolen or objectionable.
Example: A Magistrate receives credible information (e.g., from an informant, supported by preliminary police checks) that Mr. X’s garage is being used to store stolen electronics and counterfeit currency. The Magistrate issues a warrant authorizing a Sub-Inspector to enter the garage, search it, seize any suspected stolen goods and counterfeit notes, seize any counterfeiting equipment found, and arrest Mr. X and anyone else present who seems involved. The seized items are to be brought before the Magistrate.
Sub-section (2): Definition of “Objectionable Articles”
Explanation: Lists the specific items considered “objectionable articles” for which a warrant under this section can be issued:
(a) Counterfeit coin.
(b) Metal pieces violating the Coinage Act or illegally imported.
(f) Obscene objects (as referred to in Section 294 of BNS, 2023).
(g) Instruments or materials used to produce any of the items in (a) to (f).
Example: The warrant in the previous example could cover the counterfeit currency (c), any machines used to print it (g), and the stolen electronics (covered under “stolen property” in sub-section 1).
Section 98: Power to declare certain publications forfeited and to issue search-warrants for same
Sub-section (1): Forfeiture by State Government
Explanation: If the State Government believes that any newspaper, book, or other document (wherever printed) contains matter that is punishable under specific sections of the BNS, 2023 related to sedition, promoting enmity, offending religious feelings, obscenity, etc. (specifically sections 152, 196, 197, 294, 295, or 299 of BNS), it can issue a notification.
Notification: The notification must state the grounds for the government’s opinion and declare every copy of that newspaper issue, book, or document to be forfeited to the Government.
Consequences of Forfeiture:
Any police officer can seize the forfeited item wherever found in India.
Any Magistrate can issue a warrant authorizing a police officer (not below Sub-Inspector rank) to enter and search any premises where a copy might be reasonably suspected to be.
Example: The State Government determines that a specific book contains material intended to incite hatred between religious groups (punishable under BNS Sec 196). It issues a notification in the Official Gazette, stating reasons, declaring all copies of the book forfeited. Police can then seize copies from bookstores. A Magistrate can issue a warrant to search the publisher’s warehouse for more copies.
Sub-section (2): Definitions
Explanation: Defines terms used in this section and Section 99:
(a) “Newspaper” and “Book” have the same meanings as in the Press and Registration of Books Act, 1867.
(b) “Document” includes paintings, drawings, photographs, or other visible representations.
Example: A controversial painting deemed obscene (Sec 294 BNS) could be considered a “document” subject to forfeiture under this section.
Sub-section (3): Exclusivity of Section 99 Remedy
Explanation: No court can question any order passed or action taken under this section (forfeiture, seizure, search), except through the specific procedure laid out in Section 99 (application to the High Court).
Example: A publisher whose book is forfeited cannot file a regular civil suit or a writ petition in a lower court challenging the forfeiture order; their only remedy is to approach the High Court under Section 99.
Section 99: Application to High Court to set aside declaration of forfeiture
Sub-section (1): Who Can Apply and Grounds
Explanation: Any person having an interest in a newspaper, book, or document that has been declared forfeited under Section 98 can apply to the High Court to set aside the forfeiture declaration.
Time Limit: The application must be made within two months from the date the forfeiture notification was published in the Official Gazette.
Grounds: The only ground for the application is that the publication did not contain any matter referred to in Section 98(1) (i.e., it was not seditious, obscene, etc., as alleged by the government).
Example: The publisher of the forfeited book (from Sec 98 example) believes the government misinterpreted the content and it does not violate any listed BNS section. They file an application with the relevant High Court within two months of the forfeiture notification, arguing this point.
Sub-section (2): Bench Composition
Explanation: Specifies how the High Court must hear such applications:
If the High Court has 3 or more Judges: By a Special Bench of 3 Judges.
If the High Court has fewer than 3 Judges: By a Special Bench composed of all the Judges of that High Court.
Example: An application filed in the Bombay High Court (which has many judges) would be heard by a specially constituted bench of three judges.
Sub-section (3): Evidence (Newspapers)
Explanation: When hearing an application related to a newspaper forfeiture, any copy of that newspaper can be presented as evidence to help prove the nature or tendency of its content (words, signs, representations).
Example: During the hearing, the publisher can submit copies of the newspaper issue in question, and perhaps other issues, to argue about the context and intent of the allegedly offensive article.
Sub-section (4): Setting Aside Forfeiture
Explanation: If the High Court is not satisfied that the publication contained matter referred to in Section 98(1), it must set aside the government’s declaration of forfeiture.
Example: If the High Court bench, after hearing arguments and examining the book, concludes that its content does not actually fall under the BNS sections cited by the government, it will issue an order cancelling the forfeiture.
Sub-section (5): Difference of Opinion
Explanation: If the Judges on the Special Bench have differing opinions, the decision is based on the opinion of the majority.
Example: If two judges on a three-judge bench believe the forfeiture should be set aside, and one judge disagrees, the majority opinion prevails, and the forfeiture is set aside.
Section 100: Search for persons wrongfully confined
Explanation: If a District Magistrate (DM), Sub-divisional Magistrate (SDM), or Magistrate of the First Class has reason to believe that a person is being confined under circumstances that amount to a criminal offence (e.g., kidnapping, unlawful detention), they can issue a search warrant.
Execution: The person to whom the warrant is directed (usually police) can search for the confined person according to the warrant.
Action After Finding: If the confined person is found, they must be immediately taken before a Magistrate.
Magistrate’s Order: The Magistrate before whom the person is brought will then make an appropriate order based on the circumstances (e.g., ordering release, medical examination, further investigation, or remand if the person is also accused of a crime).
Example: A Magistrate receives credible information that a family is holding a domestic worker captive in their house and not allowing her to leave (wrongful confinement). The Magistrate issues a search warrant authorizing police to search the house. Police execute the warrant, find the worker locked in a room, and immediately bring her before the Magistrate, who then orders her release and directs police to register an FIR against the family.
Section 101: Power to compel restoration of abducted females
Explanation: If a complaint is made under oath to a District Magistrate (DM), Sub-divisional Magistrate (SDM), or Magistrate of the First Class about the abduction or unlawful detention of a woman or a female child for any unlawful purpose, the Magistrate can take action.
Action: The Magistrate can issue an order for the immediate restoration (return) of:
The woman to her liberty (freedom).
The female child to her parent, guardian, or other person legally in charge of her.
Enforcement: The Magistrate has the power to compel compliance with this order, using necessary force if required.
Example: A father files a complaint under oath to the SDM, stating his minor daughter has been abducted and is being unlawfully detained by someone for forced marriage. The SDM, after initial verification, issues an immediate order directing the police to rescue the girl and restore her to her father’s custody, authorizing the use of force if entry is resisted.
C. General provisions relating to searches
Section 102: Direction, etc., of search-warrants
Explanation: This section states that several procedural rules applicable to arrest warrants also apply, as far as possible, to search warrants issued under specific sections (96, 97, 98, or 100). The applicable provisions mentioned relate to:
Section 32: Aid to a person (other than police) executing a warrant.
Section 72: Form and duration of warrants.
Section 74: To whom warrants can be directed.
Section 76: Execution by another police officer through endorsement.
Section 79: Where warrants may be executed (anywhere in India).
Section 80: Forwarding warrants for execution outside jurisdiction.
Section 81: Procedure for police execution outside jurisdiction.
Example: A search warrant issued under Section 96 must be in writing, signed, and sealed (like an arrest warrant, Sec 72). It can be executed anywhere in India (Sec 79). If it needs execution in another district, the procedures for forwarding (Sec 80) or endorsement (Sec 81) applicable to arrest warrants should be followed for the search warrant too.
Section 103: Persons in charge of closed place to allow search
Sub-section (1): Duty to Allow Entry
Explanation: When any place subject to a search or inspection under Chapter VII is closed, the person residing in or in charge of that place must, upon demand by the officer executing the warrant and upon production of the warrant, allow free entry and provide reasonable facilities for the search.
Example: Police arrive at a suspect’s house with a valid search warrant. The suspect, who is inside, must open the door when the police demand entry and show the warrant. They cannot obstruct the search.
Sub-section (2): Forcible Entry
Explanation: If entry cannot be obtained as required by sub-section (1), the officer executing the warrant can use force to enter, following the same procedure as for arrests outlined in Section 44(2) (breaking open doors/windows after notification and demand).
Example: If the suspect refuses to open the door despite the police showing the warrant and demanding entry, the police can legally break open the door to conduct the search.
Sub-section (3): Search of Persons
Explanation: If the officer reasonably suspects that any person in or around the place being searched is concealing on their body an article for which the search is being made, that person can also be searched. If the person is a woman, the search must be conducted by another woman with strict regard to decency.
Example: During a house search for drugs, police suspect one occupant is hiding drugs in their pockets. They can search that person. If the occupant is female, a female police officer must conduct the search.
Sub-section (4): Requirement for Independent Witnesses
Explanation: Before starting the search, the officer must call upon two or more independent and respectable inhabitants of the locality (or another locality if local ones aren’t available or willing) to attend and witness the search. The officer can issue a written order to compel their attendance.
Example: Before searching the house, the police officer finds two nearby shopkeepers who are unrelated to the case and asks them to witness the search process.
Sub-section (5): Search Procedure and List (Panchnama)
Explanation: The search must be conducted in the presence of these witnesses. A list of all items seized during the search, and the locations where they were found, must be prepared by the officer and signed by the witnesses. These witnesses are not required to attend court later unless specifically summoned.
Example: Police find documents and a laptop during the search. They prepare a list (“Search List” or “Panchnama”) detailing each item and where it was found (e.g., “Laptop found under the bed”). The two shopkeeper witnesses sign this list.
Sub-section (6): Occupant’s Right to Attend and Receive Copy
Explanation: The occupant of the place being searched (or someone representing them) must be permitted to be present during the entire search. They must also be given a copy of the seizure list (Panchnama) signed by the witnesses.
Example: The homeowner is allowed to watch the police conduct the search. After the search and seizure list is prepared and signed by witnesses, the police give a signed copy of the list to the homeowner.
Sub-section (7): List for Personal Search
Explanation: When a person is searched (under sub-section 3), a list of all items taken from them must be prepared, and a copy must be delivered to that person.
Example: If drugs are found on the occupant during a personal search, a list specifying the seized items is prepared, and a copy is given to the occupant.
Sub-section (8): Penalty for Witnesses Refusing
Explanation: If a person called upon by a written order to witness a search refuses or neglects to do so without reasonable cause, they are deemed to have committed an offence under Section 222 of the Bharatiya Nyaya Sanhita, 2023 (Intentional omission to assist public servant).
Example: If a neighbour receives a written order to witness a search but refuses without a valid reason (like a medical emergency), they could face legal consequences.
Section 104: Disposal of things found in search beyond jurisdiction
Explanation: This section deals with items found during a search conducted outside the local jurisdiction of the court that issued the search warrant (e.g., under Sec 80/81 procedures).
Procedure: When the items listed in the warrant are found:
The items, along with the seizure list (Panchnama prepared under Sec 103), must be taken immediately before the court that issued the warrant.
Exception: If the place of search is nearer to the Magistrate having local jurisdiction over that place than to the court that issued the warrant, the items and the list should be taken immediately before that local Magistrate first.
Action by Local Magistrate: The local Magistrate shall then (unless there’s good reason not to) make an order authorizing the items to be taken to the court that originally issued the warrant.
Example: A Delhi court issues a search warrant executed in Ghaziabad. Police find the specified items.
Scenario 1: Ghaziabad is closer to the relevant Ghaziabad Magistrate than the issuing Delhi court. Police take the items and the list to the Ghaziabad Magistrate, who reviews them and issues an order to take them to the Delhi court.
Scenario 2: The search location in Ghaziabad is actually very close to the border and nearer to the issuing Delhi court than the relevant Ghaziabad Magistrate. Police can take the items and list directly to the Delhi court.
D. Miscellaneous
Section 105: Recording of search and seizure through audio-video electronic means
Explanation: This mandates the use of technology during searches and seizures conducted under Chapter VII (Processes to compel production of things) or Section 185 (Search by police officer). The entire process, including:
Conducting the search of a place.
Taking possession (seizure) of any property, article, or thing.
Preparing the seizure list (Panchnama).
Signing of the list by witnesses.
Requirement:Shall be recorded using any audio-video electronic means, preferably a mobile phone.
Action After Recording: The police officer must, without delay, forward this recording to the District Magistrate (DM), Sub-divisional Magistrate (SDM), or Judicial Magistrate of the First Class (JMFC).
Example: When police conduct a search under warrant (Sec 96) or without warrant under specific circumstances (Sec 185), an officer records the entire process – entry, search, discovery of items, listing them, witnesses signing – using a mobile phone camera. After the search, the video file is promptly sent electronically or physically (e.g., on a data storage device) to the relevant Magistrate (DM/SDM/JMFC).
Section 106: Power of police officer to seize certain property
Sub-section (1): Grounds for Seizure
Explanation: Any police officer has the authority to seize any property if:
It is alleged or suspected to have been stolen, OR
It is found under circumstances that create suspicion that an offence has been committed in relation to it.
Example: A police officer on patrol sees someone trying to hastily sell a brand new, expensive laptop at a suspiciously low price on the street. Suspecting it might be stolen, the officer can seize the laptop.
Sub-section (2): Reporting by Subordinate Officer
Explanation: If the seizing officer is subordinate to the Officer-in-Charge (SHO) of the police station, they must immediately report the seizure to the SHO.
Example: The patrol constable who seized the laptop reports the seizure to the Sub-Inspector or Inspector who is the SHO.
Sub-section (3): Reporting to Magistrate and Custody Arrangements
Explanation: Every police officer who seizes property under sub-section (1) must immediately report the seizure to the Magistrate having jurisdiction.
Custody Options: If the property cannot be conveniently transported to the Court, or if finding proper storage is difficult, or if keeping it in police custody isn’t considered necessary for the investigation, the officer may give temporary custody to any person. This person must execute a bond promising to:
Produce the property before the Court when required.
Follow the Court’s future orders regarding the property’s disposal.
Proviso (Perishable/Low Value): If the seized property is perishable (subject to speedy and natural decay), AND the rightful owner is unknown or absent, AND its value is less than 500 rupees, it can be sold immediately by auction under the orders of the Superintendent of Police (SP). The procedures for handling unclaimed property (Sections 503 and 504) will then apply to the net proceeds from the sale.
Example 1 (Reporting): The officer who seized the laptop reports the seizure to the local Magistrate.
Example 2 (Bond): Police seize a large piece of machinery suspected to be involved in a crime. Transporting it is difficult. They might hand it over to the factory owner (if not implicated) after the owner signs a bond promising to produce it in court when needed.
Example 3 (Proviso): Police seize a basket of fresh fruit suspected to be stolen, worth about 300 rupees. The owner can’t be found. The SP orders an immediate auction, and the money collected is handled as per procedures for unclaimed property sale proceeds.
Section 107: Attachment, forfeiture or restoration of property (Proceeds of Crime)
Sub-section (1): Application for Attachment
Explanation: If a police officer conducting an investigation believes that any property was derived or obtained (directly or indirectly) as a result of criminal activity or the commission of an offence (i.e., it’s “proceeds of crime”), they can apply to the relevant Court or Magistrate (the one handling the case) for the attachment of that property. This application requires the prior approval of the Superintendent of Police (SP) or Commissioner of Police.
Example: During a cheating investigation, the police officer finds evidence that the accused used the cheated money to buy a specific car. With the SP’s approval, the officer applies to the Magistrate handling the cheating case to attach the car as suspected proceeds of crime.
Sub-section (2): Show Cause Notice
Explanation: If the Court/Magistrate has reason to believe (before or after taking evidence) that the property mentioned is proceeds of crime, they can issue a show cause notice to the person holding the property. The notice asks them to explain, within 14 days, why an order attaching the property should not be made.
Example: The Magistrate receives the application regarding the car. Believing it might be proceeds of crime, the Magistrate issues a notice to the accused (who possesses the car) asking them to show cause within 14 days why the car shouldn’t be attached.
Sub-section (3): Notice to Third Party
Explanation: If the show cause notice mentions that the property is being held by someone else on behalf of the main person (e.g., held benami), a copy of the notice must also be served on that other person.
Example: If the car is registered in the accused’s brother’s name but believed to be controlled by the accused, the notice is served on both the accused and the brother.
Sub-section (4): Attachment Order
Explanation: After considering any explanation provided in response to the show cause notice and other available material, and after giving the person(s) a reasonable opportunity to be heard, the Court/Magistrate may pass an order attaching the properties found to be proceeds of crime.
Proviso (Ex Parte Order): If the person doesn’t appear or respond within the 14 days specified in the notice, the Court/Magistrate can proceed to pass the attachment order ex parte (without hearing them).
Example: The accused fails to provide a satisfactory explanation for how they acquired the car with legitimate funds. After the hearing (or after the 14 days if no response), the Magistrate orders the attachment of the car.
Explanation: Notwithstanding the notice requirement in sub-section (2), if the Court/Magistrate believes that issuing a notice first would defeat the purpose (e.g., the property might be quickly disposed of), they can pass an interim order ex parte for immediate attachment or seizure. This interim order remains in force until a final order is passed under sub-section (6).
Example: The police provide urgent information that the accused is actively trying to sell the car immediately. The Magistrate can issue an interim order to seize the car right away, even before the show cause notice period is complete.
Sub-section (6): Distribution Order
Explanation: If the Court/Magistrate ultimately finds the attached or seized property to be proceeds of crime, they shall order the District Magistrate (DM) to rateably (proportionally) distribute these proceeds to the persons affected by the crime (the victims).
Example: The Magistrate confirms the car was bought with cheated money. The court orders the DM to sell the car and distribute the proceeds among the various people who were cheated by the accused in that case.
Sub-section (7): Distribution by DM
Explanation: Upon receiving the order under sub-section (6), the DM must distribute the proceeds of crime within 60 days, either personally or by authorizing a subordinate officer.
Example: The DM receives the court order, oversees the car’s auction, and ensures the money is distributed proportionally to the victims within the 60-day timeframe.
Sub-section (8): Forfeiture to Government
Explanation: If there are no claimants for the proceeds, or claimants cannot be found, or if there’s a surplus after satisfying all claimants, the remaining proceeds of crime are forfeited to the Government.
Example: After distributing funds from the car sale, Rs. 50,000 remains, and no other victims can be traced. This remaining amount is forfeited to the state government.
Section 108: Magistrate may direct search in his presence
Explanation: Any Magistrate can direct a search to be conducted in their own presence of any place for which they are competent to issue a search warrant. This allows the Magistrate to personally oversee the search.
Example: A Magistrate, having grounds to issue a search warrant for a particular shop (e.g., under Sec 97), decides to personally accompany the police team and directs the search while being present at the location.
Section 109: Power to impound document, etc., produced
Explanation: Any Court has the discretion (power) to impound (take and keep in custody) any document or thing that is produced before it under the BNSS, if the court thinks it is necessary.
Example: During a trial, a witness produces a controversial document. The court, believing the document needs to be secured and examined further, orders it to be impounded, meaning it will be kept in the court’s safe custody.
Sub-section (1): Sending Processes from India Abroad
Explanation: When a court in India (where BNSS applies) needs to serve or execute certain processes in another territory, it can do so:
(i) Within India (but outside BNSS territories): Send the summons/warrant (in duplicate) to the presiding officer of the court in that State/area. If a summons is served this way, the proof of service rules (Sec 70) apply.
(ii) Outside India (Contracting State): Send the summons/warrant (in duplicate) to a designated court, judge, or magistrate in a ‘contracting State’ (country with reciprocal arrangements with India). The process must be in the form specified, directed as specified, and sent via the authority notified by the Central Government.
Processes Covered:
(a) Summons to an accused person.
(b) Warrant for arrest of an accused person.
(c) Summons requiring attendance to produce a document/thing.
(d) Search warrant.
Example (ii): An Indian court needs to serve a summons on an accused person who is currently in the UK (a contracting state). The court sends the summons in the prescribed format, through the designated Central Government authority (e.g., Ministry of Home Affairs or External Affairs), to the appropriate UK court/authority for service.
Sub-section (2): Receiving Processes in India from Abroad
Explanation: When a court in India (where BNSS applies) receives any of the processes listed in (1)(a)-(d) issued by:
(I) A court in India but outside BNSS territories, OR
(II) A court, judge, or magistrate in a contracting State, it must arrange for the process to be served or executed as if it were a process received from another court within India for execution in its own local jurisdiction.
Specific Procedures:
(i) Arrest Warrant: If an arrest warrant from abroad is executed, the arrested person should, as far as possible, be dealt with according to the procedures in Sections 82 and 83 (production before local Magistrate, bail considerations, removal to issuing authority).
(ii) Search Warrant: If a search warrant from abroad is executed, the things found should, as far as possible, be dealt with according to Section 104 (taking before local Magistrate if nearer, then forwarding to issuing court).
Proviso (Contracting State): For summons or search warrants received from a contracting State, any documents/things produced or found must be forwarded back to the issuing court abroad through the authority specified by the Central Government.
Example (II): A court in Mumbai receives a request (via the proper channel) from a French court (contracting state) to execute a search warrant at an address in Mumbai. The Mumbai court ensures the Mumbai police execute the search warrant following Indian procedures (Sec 103). Any items seized are then sent back to the French court through the designated Indian authority.
