Code: Section 100 BNSS
If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first
class has reason to believe that any person is confined under such circumstances that the
confinement amounts to an offence, he may issue a search-warrant, and the person to
whom such warrant is directed may search for the person so confined; and such search
shall be made in accordance therewith, and the person, if found, shall be immediately taken
before a Magistrate, who shall make such order as in the circumstances of the case seems
proper.
Explanation of Section 100 BNSS
Section 100 of the Bharatiya Nyaya Sanhita (BNSS), 2023, provides legal authority to District Magistrates, Sub-divisional Magistrates, and Magistrates of the first class to issue a search warrant if they have reason to believe that a person is being wrongfully confined. This section is aimed at preventing unlawful detention and ensuring the fundamental rights of individuals are upheld.
Key Provisions:
- Authority to Issue Search Warrants: A Magistrate can issue a warrant if there is a reasonable belief that a person is wrongfully confined.
- Execution of the Search Warrant: The designated officer must conduct the search in accordance with the warrant’s instructions.
- Immediate Production Before a Magistrate: If a confined person is found, they must be presented before a Magistrate, who will decide on the appropriate legal action.
Illustration
Example 1: Rescuing a Kidnapping Victim
A Magistrate receives credible information that a person is being held against their will in a private residence. The Magistrate issues a search warrant, and law enforcement officers conduct a search, find the individual, and present them before the Magistrate for further legal proceedings.
Example 2: Illegal Detention in a Private Facility
A complaint is filed against a rehabilitation center detaining individuals unlawfully. Upon verification, the Magistrate issues a search warrant, leading to the rescue of the confined persons, who are then produced before a Magistrate for proper legal action.
Common Questions and Answers on Section 100 BNSS
1. Who can issue a search warrant under Section 100?
- A District Magistrate, Sub-divisional Magistrate, or a Magistrate of the first class has the authority to issue a search warrant under this section.
2. What happens after a person is found through a search warrant?
- The person must be immediately taken before a Magistrate, who will then decide on the next legal steps based on the circumstances.
3. Can a Magistrate issue a search warrant without evidence?
- No. The Magistrate must have reasonable grounds to believe that wrongful confinement is taking place before issuing a search warrant.
4. What is the purpose of Section 100 BNSS?
- This section is designed to prevent unlawful detentions, protect individual rights, and ensure that any person found in such confinement is given due legal recourse.
Conclusion
Section 100 BNSS serves as a safeguard against illegal confinement and wrongful detention. It empowers Magistrates to intervene promptly and ensures that victims are presented before a court for proper judicial action. This section upholds justice by preventing arbitrary confinement and ensuring due legal process.
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