Section-104 BNSS – Bhartiya Nagarik Suraksha Sanhita, 2023 & equivalent Cr.P.C. Section

Section-104 of Bharatiya Nagarik Suraksha Sanhita, 2023: Disposal of things found in search beyond jurisdiction – with corresponding and equivalent Sections of Cr.P.C.-Criminal Procedure Code.

Bhartiya Nagarik Suraksha Sanhita, 2023Code of Criminal Procedure, 1973 (corresponding section)
104. 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.101. 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 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.

Author

  • Prashant Kanha

    Advocate-on-Record at the Supreme Court of India with 14 years’ experience in civil, criminal, commercial and procedural matters. Partner at Redlaw Legal Services and author of legal analyses and commentary.

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