Home BNSS Explained Search, Seizure & Forensic Evidence

§96

When a Search Warrant May Be Issued

Plain-English Summary — Not Verbatim Statutory Text

A court can issue a search warrant when a document or thing needed for an investigation, inquiry or trial isn't produced despite a summons, when its owner isn't known, or when a general, unrestricted search is genuinely needed — replacing the equivalent old CrPC provision.

Balances investigative need against your privacy — a search warrant isn't supposed to be issued casually, only where these specific conditions are met.

If police want to search your property, knowing this is the actual legal basis a magistrate needs helps you ask the right question: what specific condition justified this warrant?

Sec. 398: Witness Protection Scheme Sec. 105: Mandatory Audio-Video Recording of Search & Seizure

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Sec. 105

Mandatory Audio-Video Recording of Search & Seizure

If police search your home or seize your property, you're entitled to expect this to be recorded on video — its absence can itself become a serious challenge to how that evidence is later used against you.

This is a plain-English summary, not verbatim statutory text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the bare Act (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.