BNSS Section 100: Search for Persons Wrongfully Confined (CrPC 97 Mapping) (2026)
How a search warrant can be issued to find and free a person who is wrongfully confined under Section 100 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), how it maps to the old Section 97 of the CrPC, and what the magistrate can order. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
A search warrant to find and free a wrongfully confined person is issued under Section 100 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new criminal procedure code in force since 1 July 2024. Section 100 replaced Section 97 of the Code of Criminal Procedure (CrPC). A senior magistrate who has reason to believe a person is held in a way that is an offence may issue a warrant, and the person found is taken straight before a magistrate. If you still look up "section 97 CrPC", this is the provision you now need. This explainer sets out what Section 100 covers, how it maps to the old law, and how it differs from a search for property. Last verified October 2026.
- New section: the search for a wrongfully confined person is Section 100 of the BNSS, in force since 1 July 2024.
- Old section: it replaced Section 97 of the CrPC, not the general search warrant.
- Who can issue it: a District Magistrate, a Sub-divisional Magistrate, or a Magistrate of the first class.
- Do not confuse: a property search warrant is Section 97 BNSS, and search of a closed place is Section 103 BNSS.
01Why the section number matters now
Section 97 of the CrPC was the quick tool to free a person held in illegal confinement. Since 1 July 2024 the CrPC is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and this power now sits in Section 100.
The number is easy to get wrong, because the BNSS renumbered the search provisions heavily. A common mix-up is to read "Section 100" as a general search warrant. It is not. Section 100 of the BNSS is the specific power to search for a person who is wrongfully confined. A warrant issued on or after 1 July 2024 for this purpose cites Section 100, not Section 97. Read the number with care in live matters.
02What Section 100 covers
Section 100 of the BNSS deals with one thing: finding and freeing a person who is confined in a way that amounts to an offence. It is a protective, fast-acting provision, close in spirit to habeas corpus but used at the magistrate level.
The core points are:
- Trigger: a magistrate has reason to believe that a person is confined in circumstances that amount to an offence.
- Action: the magistrate may issue a search warrant, and the person holding the warrant may search for the confined person.
- Outcome: the person, if found, is taken immediately before a magistrate, who makes whatever order the circumstances require.
A safeguard against illegal detention
Section 100 is aimed at the person, not at property. It gives a magistrate a direct way to rescue someone held against the law, such as a spouse, child or worker confined without legal authority.
03Who can issue the warrant and what follows
Not every magistrate can act under Section 100. The power rests with a District Magistrate, a Sub-divisional Magistrate, or a Magistrate of the first class. This keeps the serious step of a search for a person at a senior level.
Once the warrant is issued, the officer who holds it searches for the confined person. If the person is found, they are produced before a magistrate without delay. The magistrate then passes a suitable order, which may protect the freed person and set the stage for action against those who confined them. The underlying offence, such as wrongful confinement, is dealt with under the Bharatiya Nyaya Sanhita, 2023.
04Old to new: CrPC 97 to BNSS 100
Section 97 of the CrPC is now Section 100 of the BNSS. The substance, a senior magistrate issuing a warrant to find a wrongfully confined person, is carried over without real change.
| Point | Old law (CrPC) | New law (BNSS) |
|---|---|---|
| Search for persons wrongfully confined | Section 97 | Section 100 |
| Search warrant for stolen property, etc. | Section 94 | Section 97 |
| Persons in charge of closed place to allow search | Section 100 | Section 103 |
The table shows why the number is a trap. The old Section 100 of the CrPC (closed place to allow search) is now Section 103 of the BNSS, while the old Section 97 (wrongful confinement) moved up to Section 100. The numbers shifted, but each subject kept its meaning.
05Not a search for property
Section 100 is often confused with the general search warrant. They are different tools. A warrant to search a place for stolen property, forged documents or other incriminating articles is Section 97 of the BNSS (old Section 94 of the CrPC). The rules on how a closed place is searched, with independent witnesses, are in Section 103 of the BNSS (old Section 100 of the CrPC).
So if your matter is about recovering a thing, you are in the property search provisions. If your matter is about freeing a person, you are in Section 100. Keeping the two apart avoids citing the wrong section in an application.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A search for a confined person often moves in step with a habeas corpus petition or a complaint of wrongful confinement, and the guidance you want sits in the High Court orders on the power. Claw carries High Court decisions back to 1990 and Supreme Court decisions back to 1950, part of a set of more than 30 crore judgments across 9,102 courts, benches and forums, and a search returns in under five seconds. So you can read how a Bench has applied Section 100 and the old Section 97, or track a live matter by party or advocate name.
Claw does not use customer case documents to train its AI models, so anything you bring in stays private to you. Open a free Claw account to search and follow these matters, and for the wider body of law, see case search across Indian courts.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- PRS Legislative Research (BNSS overview and CrPC comparison): prsindia.org
- Section 100, BNSS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
08Frequently asked questions
What is Section 97 CrPC in the BNSS?
Section 97 of the CrPC, the search for persons wrongfully confined, is now Section 100 of the Bharatiya Nagarik Suraksha Sanhita, 2023. A senior magistrate can issue a warrant to find the person, who is then taken before a magistrate.
Who can issue a warrant under BNSS Section 100?
A District Magistrate, a Sub-divisional Magistrate, or a Magistrate of the first class can issue the warrant. They must have reason to believe a person is confined in circumstances that amount to an offence.
Is Section 100 of the BNSS a general search warrant?
No. Section 100 is only about searching for a wrongfully confined person. A warrant to search a place for stolen property or incriminating articles is Section 97 of the BNSS, which replaced Section 94 of the CrPC.
What happens after the person is found?
The person is taken immediately before a magistrate, who makes whatever order the circumstances require. This may protect the freed person and lead to action against those responsible for the confinement.
How is Section 100 different from habeas corpus?
Habeas corpus is a writ before a High Court or the Supreme Court. Section 100 is a quicker, local tool at the magistrate level to search for and free a confined person. They can run together in a serious case.
Can I track a case under Section 100 in Claw?
Yes. Cases, orders and judgments can be searched by section, party or advocate across 9,102 courts, benches and forums, with results in under five seconds. Claw tracks and researches the case but does not give legal advice.