BNSS Section 97: Search of a Place Suspected to Contain Stolen Property or Forged Documents (CrPC 94 Mapping) (2026)

Explainer · Criminal Procedure · BNSS

Updated for 2026 · Claw Editorial

Section 97 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), in force since 1 July 2024, lets certain magistrates issue a warrant to search a place suspected to hold stolen property, forged documents, counterfeit coin or other objectionable articles. It replaced Section 94 of the Code of Criminal Procedure (CrPC). This is a common point of confusion, because the plain "search warrant" section is a different number. This explainer sets out what Section 97 really covers, who can issue the warrant, and how it maps to the old law. Last verified October 2026.

01Clearing up the section number

There is real confusion about Section 97 of the BNSS, because the BNSS renumbered the whole search and seizure group. It helps to be clear at the start.

• The general power to issue a search warrant is Section 96 of the BNSS (old Section 93 CrPC).
• The search of a place suspected to hold stolen property or forged documents is Section 97 of the BNSS (old Section 94 CrPC). This page.
• The search for a person wrongfully confined is Section 100 of the BNSS (old Section 97 CrPC).

So the old "Section 97 CrPC" number, wrongful confinement, has moved to Section 100 of the BNSS. If you carry the old number across, you land on the wrong provision.

02What Section 97 covers

Section 97 lets a magistrate authorise the search of a place that is being misused to hold or deal in unlawful articles. The warrant can issue where the magistrate, on information and after any inquiry thought necessary, has reason to believe that a place is used:

• to deposit or sell stolen property; or
• to keep, make or deal in objectionable articles, which the section lists, such as counterfeit coin, counterfeit currency or stamps, forged documents, false seals, and obscene objects.

The warrant lets a police officer above the rank of constable enter the place, search it, and deal with what is found. The officer may take possession of property reasonably suspected to be stolen or objectionable, take it before a magistrate or guard it on the spot, and take into custody any person who appears to have knowingly kept the stolen goods.

03Who issues the warrant and what follows

Only a District Magistrate, a Sub-divisional Magistrate, or a Magistrate of the first class may issue a warrant under Section 97. The warrant names the place to be searched.

Once articles are seized, they are produced before the magistrate, and persons who appear to have knowingly kept stolen goods can be taken into custody for further action. The provision works together with the general rules on how searches are conducted and witnessed, which apply to warrants of this kind.

04Old to new: CrPC 94 to BNSS 97

Section 94 of the CrPC is now Section 97 of the BNSS. The heading and substance are carried over almost unchanged.

The table shows why the number alone can mislead. The old Section 97 CrPC (wrongful confinement) and the new Section 97 BNSS (search of a suspect place) are different provisions.

05Is it an offence? Classification

Section 97 does not create an offence, so there is no cognizable, bailable or triable label to apply to the section itself. It is a procedural power to authorise a search.

Those labels attach to the underlying offences, such as theft or forgery, that the search aims to uncover. You find them in the First Schedule to the BNSS for each such offence.

06What changed from the old law

For this search power, the change is mostly the number. The grounds, the magistrates who may issue the warrant, and the list of objectionable articles follow Section 94 of the CrPC, so older case law on searches of suspect premises still guides how Section 97 is read.

The point to carry away is the renumbering map. If you need the search for a wrongfully confined person, that is now a different provision (Section 100 of the BNSS), not Section 97.

07Where 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 warrant under Section 97 usually opens a theft, receiving or forgery case that then runs the length of trial and appeal. How courts have tested the magistrate's reasonable belief, or whether a seizure stands, sits in more than 30 crore judgments on Claw, reaching back to the Supreme Court from 1950 and the High Courts from 1990, with any search returning in under five seconds. Once a prosecution is on foot, follow it by the party or advocate name and let Claw track its orders and hearings across 9,102 courts, benches and forums.

Claw keeps customer case documents out of its AI training, so your file stays private. Open a free Claw account to trace a search or seizure matter by party or advocate name, or see the wider sweep in case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNSS, 2023): indiacode.nic.in
• Section 97, BNSS (bare text): advocatekhoj.com
• Section 94, CrPC (old provision): 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.

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