Regulates handling of items seized during searches conducted outside issuing court’s jurisdiction.
Ensures proper transmission and judicial supervision over property recovered beyond territorial limits.
Introduction
Section 104 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the procedure for disposal of property or things discovered during execution of a search warrant outside the jurisdiction of the issuing court. The provision ensures that such recovered material is produced before an appropriate Magistrate having jurisdiction over the place where the search occurred, thereby maintaining procedural legality and judicial oversight.
It strengthens coordination between courts across jurisdictions during search operations.
Objective of the Provision
The objectives of Section 104 BNSS are
- to regulate disposal of items recovered outside issuing court’s jurisdiction
- to ensure judicial supervision over seized property
- to maintain procedural regularity in inter-jurisdictional searches
- to prevent misuse or mishandling of seized materials
The provision ensures lawful handling of property recovered beyond territorial limits.
Meaning / Concept
Search Beyond Jurisdiction
A search beyond jurisdiction occurs when a warrant issued by one court is executed in another territorial jurisdiction. In such cases, the property seized cannot be directly retained without judicial supervision at the place of search.
This ensures respect for territorial judicial authority.
Disposal of Seized Property
The seized items must be produced before the nearest Magistrate or appropriate court, which then decides whether
- to retain custody
- to transmit the property to the issuing court
- or to pass appropriate interim orders regarding its handling
Thus, the provision ensures procedural transparency in inter-jurisdictional searches.
Detailed Explanation of the Section
Section 104 BNSS provides that
- where a search warrant is executed outside the jurisdiction of the issuing court
- any property or thing discovered during such search shall be produced before a Magistrate having jurisdiction over the place where the search occurred
- the Magistrate may make appropriate orders regarding transmission of the property to the issuing court
The Magistrate may
- retain custody temporarily
- forward the seized property to the issuing court
- issue directions ensuring safe preservation of material
Key features include
- mandatory production before local Magistrate
- judicial supervision at place of recovery
- coordination between courts across jurisdictions
- protection against unauthorized retention of seized items
These safeguards ensure lawful management of seized property.
Procedure or Legal Framework
The procedural framework under Section 104 BNSS generally includes
- issuance of search warrant by competent court
- execution of search outside issuing court’s jurisdiction
- recovery of property during search
- production of seized items before local Magistrate
- orders regarding custody or transmission to issuing court
This mechanism ensures procedural integrity in handling seized materials.
Judicial Interpretation
Courts have emphasized that property seized during searches must be handled strictly in accordance with statutory safeguards.
In State of Gujarat v. Shyamlal Mohanlal Choksi AIR 1965 SC 1251, the Supreme Court held that execution of search warrants outside jurisdiction must comply with procedural requirements ensuring judicial oversight.
In District Registrar and Collector v. Canara Bank (2005) 1 SCC 496, the Court stressed that search and seizure operations affecting property rights must follow statutory safeguards.
In Pooran Mal v. Director of Inspection (1974) 1 SCC 345, the Supreme Court recognized validity of searches conducted under lawful authority while emphasizing adherence to procedural requirements.
These rulings reinforce the necessity of judicial supervision under Section 104 BNSS.
Importance of the Provision
Section 104 BNSS is important because
- it ensures lawful handling of property seized outside jurisdiction
- it prevents unauthorized retention of recovered materials
- it strengthens inter-court procedural coordination
- it protects rights of persons affected by search operations
The provision supports structured management of evidence recovered during inter-jurisdictional searches.
Connection with Other Sections
Section 104 BNSS operates alongside related provisions governing execution of search warrants
- Section 96 BNSS – When search-warrant may be issued
- Section 102 BNSS – Direction, etc., of search-warrants
- Section 103 BNSS – Persons in charge of closed place to allow search
- Section 105 BNSS – Recording of search proceedings
Corresponding Provision under Old Law
Section 104 BNSS corresponds to Section 101 of the Code of Criminal Procedure, 1973.
Illustrative Example
A Magistrate issues a search warrant for premises located in another district. During execution of the warrant, police recover forged documents from the premises. The seized documents are produced before the nearest Magistrate in that district, who orders their transmission to the issuing court. This procedure complies with Section 104 BNSS.
Conclusion
Section 104 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates disposal of property discovered during execution of search warrants outside the jurisdiction of the issuing court. By requiring production before the local Magistrate and ensuring judicial supervision over transmission of seized materials, the provision safeguards procedural legality in inter-jurisdictional searches.
