BNSS Section 103: Search of a closed place and of persons present (2026)
How a closed place is searched, the duty to allow entry, the search of persons present, and the role of independent witnesses under Section 103 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), with its mapping to the old Section 100 of the CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
A closed place is searched under Section 103 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new criminal procedure code in force since 1 July 2024. Section 103 replaced Section 100 of the Code of Criminal Procedure (CrPC). It makes the person in charge allow entry, lets the police search persons present, and requires two or more independent local witnesses so the search is fair and provable. If you still look up "section 100 CrPC", this is the provision you now need. This explainer sets out what Section 103 covers, the witness rule, how it maps to the old law, and why the safeguards matter. Last verified October 2026.
- New section: the search of a closed place is Section 103 of the BNSS, in force since 1 July 2024.
- Old section: it replaced Section 100 of the CrPC. Section 100 BNSS is now a different subject.
- Witness rule: two or more independent and respectable local inhabitants must witness the search and sign the seizure list.
- Woman searched by a woman: a woman is searched only by another woman, with strict regard to decency.
01Why the section number matters now
Section 100 of the CrPC set the ground rules for how the police conduct a search of a closed place. Since 1 July 2024 the CrPC is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and those rules now sit in Section 103.
The number is a known trap, because the search provisions were renumbered. The old Section 100 of the CrPC is now Section 103 of the BNSS. Section 100 of the BNSS is a different subject, the search for a wrongfully confined person. A search memo or panchnama for a search on or after 1 July 2024 should cite Section 103, not Section 100. Read the number with care.
02What Section 103 covers
Section 103 of the BNSS sets the method of a lawful search of a closed place and the safeguards around it. In plain terms it covers:
- Duty to allow entry: if the place is closed, the person in charge must let the officer with the warrant in and give reasonable facilities for the search.
- Forced entry: if entry cannot be obtained, the officer may proceed as the BNSS allows for breaking open a place.
- Search of persons present: a person reasonably suspected of hiding an item on their body may be searched. A woman is searched only by another woman, with strict regard to decency.
- Witnessed seizure: a list of all items seized and the places where they were found is made and signed by the witnesses.
- Copy to the occupant: the occupant or a representative may attend the search and must be given a copy of the signed list.
A search with checks, not a free hand
Section 103 does not create a power to search on its own. It governs how a search under a warrant or lawful authority is carried out, so the result can stand up in court. For the search to free a confined person, see Section 100 of the BNSS.
03The independent witness rule
The heart of Section 103 is the witness rule. Before the search, the officer must call two or more independent and respectable inhabitants of the locality to attend and witness the search. If no such person of the locality is available or willing, inhabitants of another locality may be called.
These witnesses, often called panch witnesses, watch the search, and they sign the list of seized items. They do not have to attend court later unless they are specially summoned. The point is simple: an independent eye makes the seizure credible and guards against a planted or exaggerated recovery.
Section 103 also backs the rule with a duty. A person who, without reasonable cause, refuses or neglects to witness a search after a written order to do so commits an offence under Section 222 of the Bharatiya Nyaya Sanhita, 2023.
04Old to new: CrPC 100 to BNSS 103
Section 100 of the CrPC is now Section 103 of the BNSS. The duty to allow entry, the search of persons present, the two independent witnesses, and the signed list are all carried over.
| Point | Old law (CrPC) | New law (BNSS) |
|---|---|---|
| Persons in charge of closed place to allow search | Section 100 | Section 103 |
| Search for persons wrongfully confined | Section 97 | Section 100 |
| Witnesses to the search | Two independent locals | Two independent locals |
| Non-cooperation by witness is an offence | Yes | Yes, under BNS Section 222 |
So the safeguards are the same. The main difference is the number and the updated cross-reference to the new penal code for a witness who refuses to attend.
05Why the safeguards matter
Because the rules are carried over, decades of case law on Section 100 of the CrPC still guide how Section 103 is read. Courts have long treated the independent witness rule and the signed seizure list as the test of a fair search.
In practice, a breach of Section 103 does not always make a recovery inadmissible, but it weakens its weight. A seizure made without independent witnesses, or without a signed list, invites a strong challenge at trial. For defence and prosecution alike, the detail of how a search was conducted under Section 103 is often decisive.
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.
Search and seizure is among the most heavily litigated parts of a criminal trial, and you often need to know how a court treated one particular lapse before. Claw opens more than 30 crore judgments from 9,102 courts, benches and forums to that question, searchable by section, party or advocate and answered in under five seconds. So you can see how a High Court has read Section 103 and the old Section 100 on the witness rule or the seizure list, or follow a live matter by the names involved.
Claw does not train its AI models on customer documents, so your seizure memos and case files stay with you. Set up 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 103, 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 100 CrPC in the BNSS?
Section 100 of the CrPC, on how a closed place is searched, is now Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Note that Section 100 of the BNSS is a different subject, the search for a wrongfully confined person.
How many witnesses are needed for a search under Section 103?
Two or more independent and respectable inhabitants of the locality must be called to witness the search. If none of that locality is available or willing, inhabitants of another locality may be called. They sign the list of seized items.
Who can search a woman under Section 103?
A woman can be searched only by another woman, and the search must be made with strict regard to decency. This protects the dignity of a woman who is searched during an operation.
Is a search invalid if there were no independent witnesses?
Not automatically, but it is seriously weakened. Courts treat the witness rule and the signed seizure list as the test of a fair search, so a breach invites a strong challenge to the recovery at trial.
What if someone refuses to witness a search?
A person who, without reasonable cause, refuses or neglects to witness a search after a written order to do so commits an offence under Section 222 of the Bharatiya Nyaya Sanhita, 2023.
Can I track a search and seizure case in Claw?
Yes. Search and seizure matters can be looked up 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.