Bharatiya Nagarik Suraksha Sanhita, 2023
Section 104
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.
D.—Miscellaneous
Why this exists
Search warrants are issued by a specific court for a specific area, but sometimes the actual place to be searched lies outside that court's territorial reach (for example, if the search location is discovered to be in a neighboring district). This provision ensures that seized items are handled through the nearest available judicial authority, avoiding unnecessary delay and travel, while still keeping the originally issuing court in ultimate control of the seized property and the case.
Common misconceptions
- Myth: The seized items must always go straight back to the court that issued the search warrant.
Fact: If a nearer magistrate has jurisdiction over the search location, the items must go to that magistrate first, who then decides whether to forward them to the issuing court. - Myth: The nearer magistrate has no discretion and must always send the items to the issuing court.
Fact: The magistrate will forward the items unless there is 'good cause to the contrary,' meaning the magistrate can decide otherwise if justified.