CrPC Section 94 is now BNSS 97: Search of place suspected to contain stolen property, forged documents, etc
Code of Criminal Procedure, 1973 · applies to offences and proceedings before 1 July 2024
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: In clause (a) of subsection (2), "the Metal Token Act, 1889 (1 of 1889)" is replaced by "the Coinage Act, 2011 (11 of 2011)." BNS sections replace the corresponding "IPC" s ections.
Printed in both official correspondence tables (BPR&D and NCRB).
CrPC 94: Search of place suspected to contain stolen property, forged documents, etc
Before 1 July 2024
(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable—
(a) to enter, with such assistance as may be required, such place,
(b) to search the same in the manner specified in the warrant,
(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies,
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety,
(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section applies are—
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962);
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);
(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).
BNSS 97: Search of place suspected to contain stolen property, forged documents, etc
From 1 July 2024
(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable—
(a) to enter, with such assistance as may be required, such place;
(b) to search the same in the manner specified in the warrant;
(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies;
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety;
(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section applies are—
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Coinage Act, 2011, or brought into India in contravention of any notification for the time being in force issued under section 11 of the Customs Act, 1962;
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023;
(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).
Which one applies
Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.
Read BNSS section 531 →Judgments decided under CrPC 94
They remain the law on CrPC 94. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the Code of Criminal Procedure, 1973, Bureau of Police Research & Development, Ministry of Home Affairs, page 8.
- Bharatiya Nagarik Suraksha Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 25.
- The Code of Criminal Procedure, 1973 (Act 2 of 1974), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.