Bharatiya Nagarik Suraksha Sanhita, 2023
Section 102
Direction, etc., of search-warrants
, of search-warrants.—The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100.
Why this exists
Search-warrants and arrest-warrants share many practical features—both need clear directions, a defined area of execution, and cooperation from people nearby. Rather than repeating the same procedural rules separately for every kind of search-warrant, the legislature (following the same drafting technique used in the old Code of Criminal Procedure, 1973, section 99) cross-references the arrest-warrant provisions so that search-warrants are executed with the same procedural safeguards and consistency across the country.
Common misconceptions
- Myth: Search-warrants and arrest-warrants are completely different and follow unrelated rules.
Fact: Section 102 deliberately borrows several arrest-warrant rules (on direction, execution area, and assistance) and applies them to specific search-warrants, so many procedural rules overlap. - Myth: Section 102 applies to every search-warrant under the Sanhita.
Fact: It only applies to search-warrants issued under sections 96, 97, 98, or 100—not to every search power in the law.