सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 102

Direction, etc., of search-warrants

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.