Empowers Magistrate to authorize search of premises suspected of storing stolen property or forged materials.
Strengthens recovery of illicit property and suppression of document-related offences through judicially supervised searches.
Introduction
Section 97 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a Magistrate to issue a search warrant for premises suspected to contain stolen property, forged documents, counterfeit currency, false seals, or other incriminating materials connected with criminal offences. The provision enables targeted searches where there is reasonable suspicion that such items are concealed at a particular location.
It serves as an important investigative tool for detecting offences involving forged documents, counterfeit instruments, and stolen property.
Objective of the Provision
The objectives of Section 97 BNSS are
- to facilitate recovery of stolen property
- to detect possession of forged or counterfeit documents and instruments
- to prevent circulation of counterfeit currency and illegal seals
- to enable judicially supervised searches of suspected premises
The provision strengthens evidentiary recovery mechanisms in property-related and document-related offences.
Meaning / Concept
Search of Suspected Premises
The section authorizes search of any place suspected to contain
- stolen property
- forged documents
- counterfeit seals or stamps
- false currency notes
- instruments used for forgery or counterfeiting
Such search must be based on judicial satisfaction regarding reasonable suspicion.
Magistrate’s Preventive and Investigative Role
The Magistrate exercises supervisory authority by issuing the search warrant, ensuring that intrusive searches occur only under lawful authorization.
Thus, the provision balances investigative necessity with procedural safeguards.
Detailed Explanation of the Section
Section 97 BNSS provides that
- if a Magistrate has reason to believe that any place is being used for
- deposit or sale of stolen property
- deposit or sale of forged documents
- manufacture or storage of counterfeit seals or instruments of forgery
- possession of counterfeit currency or related materials
- the Magistrate may issue a search warrant authorizing police officers to search such premises
The warrant may authorize
- entry into suspected premises
- search for specified property or materials
- seizure of stolen or forged articles
- arrest of persons found in possession of such materials where necessary
Key features include
- requirement of judicial satisfaction before issuance
- applicability to specific categories of incriminating property
- authority to seize recovered items
- facilitation of prosecution for forgery and property offences
These safeguards ensure lawful recovery of incriminating materials.
Procedure or Legal Framework
The procedural framework under Section 97 BNSS generally includes
- receipt of information regarding suspected premises
- formation of reasonable belief by Magistrate
- issuance of search warrant specifying scope of search
- execution of search by authorized police officer
- seizure of stolen or forged materials
- production of seized property before court
Execution of the search must comply with general procedural safeguards governing searches under the Sanhita.
Judicial Interpretation
Courts have emphasized that search warrants under provisions relating to suspected stolen or forged property must be supported by reasonable grounds.
In State of Gujarat v. Shyamlal Mohanlal Choksi AIR 1965 SC 1251, the Supreme Court held that search warrants must be issued only upon judicial satisfaction regarding necessity and relevance.
In District Registrar and Collector v. Canara Bank (2005) 1 SCC 496, the Court stressed that search powers must be exercised strictly within statutory limits and with due regard to privacy protections.
In Pooran Mal v. Director of Inspection (1974) 1 SCC 345, the Supreme Court recognized validity of searches conducted under statutory authority where procedural safeguards are followed.
These decisions reinforce the requirement of lawful authorization before conducting searches under Section 97 BNSS.
Importance of the Provision
Section 97 BNSS is important because
- it enables recovery of stolen property from concealed locations
- it facilitates detection of forgery and counterfeit-related offences
- it prevents circulation of counterfeit currency and false instruments
- it ensures judicial supervision over searches of suspected premises
The provision plays a critical role in combating economic and document-related crimes.
Connection with Other Sections
Section 97 BNSS operates alongside related provisions governing search and seizure
- Section 94 BNSS – Summons to produce document or other thing
- Section 96 BNSS – When search-warrant may be issued
- Section 98 BNSS – Search for persons wrongfully confined
- Section 100 BNSS – Persons in charge of closed place to allow search
Corresponding Provision under Old Law
Section 97 BNSS corresponds to Section 94 of the Code of Criminal Procedure, 1973.
Illustrative Example
Police receive credible information that a warehouse is being used to store counterfeit currency and forged stamps. The Magistrate, upon satisfaction of the information, issues a search warrant authorizing inspection of the premises. Counterfeit notes and forged seals are recovered during the search. This action is valid under Section 97 BNSS.
Conclusion
Section 97 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers Magistrates to authorize searches of premises suspected to contain stolen property, forged documents, or counterfeit materials. By enabling targeted recovery of incriminating property under judicial supervision, the provision strengthens investigative effectiveness while safeguarding procedural legality.
