Section 97 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)
97. (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
Advocate Anoop Verma, Punjab and Haryana High Court, Chandigarh
+91-9463742964
advanoopverma@gmail.com