Code:
102.
The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100.
Explanation
Section 102 of the BNSS outlines that the provisions contained in sections 32, 72, 74, 76, 79, 80, and 81 apply to all search-warrants issued under Sections 96, 97, 98, and 100. These provisions provide the legal framework governing search warrants in various circumstances, ensuring the proper procedure is followed.
By referencing these sections, Section 102 ensures consistency and adherence to the legal requirements when handling search warrants, offering a uniform approach to their issuance and enforcement across different sections of the BNSS.
Illustration
Example 1: Application of Provisions to a Search Warrant
A search warrant is issued under Section 96 of the BNSS. In this case, the provisions of Section 32, which governs the procedure for executing warrants, and other related sections like Section 72 (dealing with the manner of searches) will apply to ensure the search is conducted legally.
Example 2: Cross-Referencing Provisions
If a search warrant is issued under Section 97, the same procedural rules under Section 80 (which deals with the powers of police officers to conduct searches) will apply, ensuring that all actions taken are consistent with the law.
Common Questions and Answers
1. What is the importance of Section 102 BNSS?
- Answer: Section 102 establishes the applicability of several provisions related to search warrants issued under specific sections, ensuring that the proper procedures are followed consistently across all search warrants under the BNSS.
2. Which sections are referred to in Section 102?
- Answer: The provisions of Sections 32, 72, 74, 76, 79, 80, and 81 apply to all search-warrants issued under Sections 96, 97, 98, and 100 of the BNSS.
3. How do these provisions ensure fair conduct of searches?
- Answer: These provisions ensure that the searches are conducted in compliance with the law, protecting the rights of individuals and ensuring the search is executed in a reasonable and just manner.
Conclusion
Section 102 of the BNSS harmonizes the process of issuing and executing search warrants by ensuring that several provisions apply to warrants issued under different sections of the law. This promotes uniformity, transparency, and fairness in legal procedures involving searches.
