Disposal of things found in search beyond jurisdiction.
What this section does
When a search-warrant is executed at a place beyond the issuing Court's local jurisdiction and the searched items are found, those items and the seizure list must be taken immediately before the issuing Court. However, if the place of search is nearer to a Magistrate having jurisdiction there, the items and list go to that Magistrate, who shall ordinarily authorise their transfer to the issuing Court.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court issuing warrant · Officer executing warrant · Magistrate having local jurisdiction
- Time limit
- Items must be taken 'immediately' before the appropriate Court or Magistrate
Derived from CrPC s.101.
Read the official text
For the binding statutory text of BNSS Section 104, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 104 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.