Bharatiya Nagarik Suraksha Sanhita, 2023
Section 103
Persons in charge of closed place to allow search
(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44.
(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.
(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.
(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.
(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.
(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.
(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).
Why this exists
This provision continues the long-standing safeguard (earlier Section 100 of the CrPC, 1973, itself rooted in 19th-century codes) meant to stop police from conducting searches secretly or arbitrarily. By requiring independent witnesses, documented seizure lists, and the presence of the occupant, the law tries to prevent planted evidence, abuse of power, and disputes over what was actually found during a search.
How courts read it
Under the equivalent CrPC Section 100, courts have held that failure to call independent witnesses or improper search procedure does not automatically invalidate a seizure, but it seriously weakens its evidentiary value and invites suspicion of foul play. Courts have also emphasized that female search subjects must be searched only by women, treating this as a mandatory dignity safeguard, and that occupants have a real right to watch searches and receive seizure lists, not just a formality.
Common misconceptions
- Myth: Police can search anyone on the spot without any witnesses.
Fact: The law requires independent witnesses to observe searches and sign the list of seized items, to keep the process transparent. - Myth: Witnesses to a search will definitely have to testify in court later.
Fact: The law says witnesses need not attend court unless specially summoned by it. - Myth: A woman can be searched by any police officer present.
Fact: The law specifically requires that a woman be searched only by another woman, with strict regard to decency.