Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is a landmark shift in India’s criminal procedure law, ushering out the iconic Code of Criminal Procedure, 1973. BNSS Section 97, one of the key provisions under this new legislation, addresses the authorities’ power to issue authorization for searches at premises likely to be used for the storage or dealing in stolen goods, forged documents, counterfeit currency, and other obnoxious articles.
The inclusion of BNSS Section 97 describes India’s attempt to consolidate its legal system to combat crimes with economic offenses, counterfeiting, forgery, and illegal trade. The provision provides enough power to law enforcement agencies to act fast when a premise is suspected to be misused for criminal activities. By specifically describing objectionable articles and giving power to magistrates and police officers, Section 97 is a preventive and curative measure to punish organized crime.
Text of BNSS Section 97
BNSS Section 97 prescribes that where a District Magistrate, Sub-divisional Magistrate, or a first-class Magistrate receives information that is credible and, upon due investigation, has a reason to believe that any premises is being utilized for the storage, sale, or manufacture of stolen property or objectionable articles, they may issue a search warrant. The warrant empowers a police officer in a rank higher than that of a constable to enter, search, seize, and take into custody such property and detain persons connected with the illegal business.
The section also identifies what “objectionable articles” are, including spurious coins, false documents, spurious stamps or currency, false seals, obscene materials, and means used to produce such articles.
Key Features of BNSS Section 97
1. Power to Issue Search Warrants
Under BNSS Section 97, the authority to issue a search lies with higher judicial officers, i.e., District Magistrates, Sub-divisional Magistrates, or first-class Magistrates. This mechanism protects the fact that searches are not carried out arbitrarily but are supported by judicial supervision.
2. Extent of Police Powers
Police officers in positions above that of a constable are authorized once a warrant is issued under BNSS Section 97 to:
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Enter the premises with requisite support.
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Make a search as per the instructions of the warrant.
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Seize stolen or objectionable articles discovered at the premises.
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Guard or convey the seized items for further judicial actions.
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Arrest persons engaged in storing, manufacturing, or selling such articles.
3. Definition of Objectionable Articles
BNSS Section 97 states a clear enumeration of objectionable articles, rendering the law complete and clear. They include:
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Counterfeit coinage.
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Metal illegally produced under the Coinage Act, 2011, or imported into India contrary to customs law.
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Counterfeit currency and forged stamps.
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Falsified or forged documents.
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False seals employed for the purpose of cheating.
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Obscene materials as prescribed under Section 294 of the Bharatiya Nyaya Sanhita, 2023.
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Devices used for making any of the aforementioned items.
Objective and Significance of BNSS Section 97
The core objective of BNSS Section 97 is to protect society from offenses that erode public faith, economic stability, and national security. Counterfeiting, forgery, and traffic in obscene materials have long-lasting effects on individuals as well as institutions. Through empowering magistrates and police officers, Section 97 gives a useful tool to:
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Avoid the flow of fake money and fake documents.
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Secure intellectual and commercial integrity.
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Prevent illegal production of coins, seals, and stamps from destabilizing the economy.
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Suppress obscene and socially undesirable objects’ trade.
The provision makes a balance between the requirement of effective law enforcement and judicial supervision, cutting down the chance of abuse while ensuring functional policing.
Comparison with the CrPC, 1973
The previous Code of Criminal Procedure, 1973 (CrPC) had comparable provisions, but BNSS Section 97 strengthens the law by increasing transparency regarding objectionable articles and adapting the law to modern challenges like digital counterfeiting, cross-border smuggling, and organized economic crimes. The modernization under BNSS is an expression of India’s changing legal requirements in an increasingly globalized economy.
Although the CrPC mostly addressed stolen property, the BNSS specifically includes forged documents, counterfeit goods, and obscene material, which makes it wider in scope and more applicable in the 21st century.
Judicial Supervision and Protections
One of the advantages of BNSS Section 97 is that it has inherent protection. Warrants can only be issued by higher magistrates, and that guarantees that searches are not carried out on suspicion alone without substantial evidence. Even lower police ranks like constables are not allowed to conduct these searches, and that ensures duty remains with upper-level personnel who have to answer for their actions.
These guarantees function as restraints against indiscriminate abuses of power, weighing the rights of the individual against the interests of justice.
Judicial Interpretations and Case Law
Even though BNSS is a new legislation, the Indian courts have handled parallel provisions of the CrPC. Judicial judgments have always focused on the fact that searches and seizures have to be carried out legally and with proper respect for the rights of the people. The judiciary is likely to follow the same trend under BNSS Section 97, making sure warrants are issued only when supported by reliable facts.
Judicial interpretations will tend to emphasize proportionality of action, necessity of investigation prior to issuance of warrants, and safeguards to protect rights of individuals in searches.
Practical Implications of BNSS Section 97
For Law Enforcement
BNSS Section 97 reinforces the hands of law enforcement agencies by empowering them with express powers to search suspected premises where illegal articles are believed to be stored. This provision is very effective in dealing with networks of organized crime that bank on fake documents, fake seals, or fake money for their operations.
For the Judiciary
The section strengthens the gatekeeper function of magistrates to prevent arbitrary exercise of state authority. Through the need for judicial authorization prior to search, BNSS Section 97 guarantees justice and accountability.
For Citizens
For ordinary citizens, the provision provides assurance that although law enforcement officials are given the mandate to impose firm action, there are judicial safeguards in place to avoid harassment or unjust searches.
Role in Combating Modern Crimes
In the modern age of technology, counterfeiting of currency, forging of documents, and obscenity has assumed new dimensions. The BNSS Section 97 is aimed at addressing such challenges by widening the ambit of objectionable articles. Thus, forged documents today can mean digitally manipulated certificates or e-stamps, and counterfeit materials can involve cutting-edge printing technologies.
By giving broad powers of investigation and confiscation of such items, BNSS Section 97 is an invaluable tool in the protection of both physical and cyber spaces from economic and social offenses.
Also read: BNSS Section 93
Challenges and Concerns
Though BNSS Section 97 gives strong weapons to law-enforcing authorities, there are some challenges:
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Risk of misuse: Even though the judiciary keeps it under check, there can always be a risk of harassing innocent individuals wrongly.
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Enforcement capability: Police forces need trained expertise and equipment to efficiently detect counterfeit and counterfeit goods.
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Balancing rights: The courts will have to check that individual rights in the Constitution are not infringed in the process of searches.
Solving these issues through effective instructions and court monitoring will be critical to the efficient application of BNSS Section 97.
Conclusion
BNSS Section 97 is a key piece of legislation in India’s contemporary criminal justice system by giving the powers to the authorities to act against suspected places of keeping stolen goods, forged documents, fake currency, or other objectionable items. The section not just safeguards society against economic and social offenses but also provides accountability through judicial intervention.
In comparison to the previous CrPC, BNSS Section 97 is wider in scope, future-oriented, and in synchronization with India’s current needs. Though issues of misuse and enforcement capabilities are present, the safety mechanisms embedded in the section provide a balanced approach. In the future, quality training, public awareness, and judicial vigilance will be crucial in unleashing the maximum potential of this provision.
In short, BNSS Section 97 is not merely a procedural statute; it is a bulwark against organized crime, an economic stability tool, and a gauge of safety for society as a whole.
