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s.132 — Search and seizure

The power to authorise and conduct a search, and the conditions that must exist before it can be exercised.

Currently operative

Income-tax Act, 1961

s.132

Income-tax Act, 2025

s.247

In force from 1 April 2026, but s.536(2)(c) preserves the 1961 Act for tax years beginning before that date.

In short

Section 132 of the Income-tax Act, 1961 authorises search and seizure where the competent authority, in consequence of information in its possession, has reason to believe that a summons or notice has been or would be disregarded, or that a person is in possession of money, bullion, jewellery or other valuable article representing income that has not been or would not be disclosed. The reason to believe must exist before the authorisation and be based on material, though the sufficiency of that material is not ordinarily open to review. The corresponding provision in the Income-tax Act, 2025 is section 247, which extends the power expressly to computer systems — a term section 261 defines to include remote and cloud servers and "virtual digital space".

What the provision does

Empowers the competent authority to authorise entry, search, seizure of books, documents, money and valuables, placing of marks of identification, and examination on oath. It also grounds the presumptions and the subsequent assessment machinery.

Threshold questions

  • Did information exist in the possession of the authorising authority before the authorisation
  • Is the reason to believe recorded, and does it relate to one of the three statutory conditions
  • Was the warrant issued by an authority competent to issue it, and against the right person
  • Was the panchnama drawn properly, and does it record what was in fact seized
  • Whether the search was concluded, since the date of conclusion drives later limitation

In practice

The recurring disputes.

The foundation of the authorisation

The existence of information and of a recorded reason to believe is justiciable, even though the adequacy of that material generally is not. Challenges are ordinarily by writ rather than in appeal.

What was actually seized

The panchnama and the seizure list define the material the assessment may be built on. Where an order relies on documents not traceable to the seizure record, that discrepancy matters.

Virtual digital space

Section 247 of the 2025 Act extends the power expressly to computer systems, including overriding access codes. "Computer system" is defined in section 261 to include remote and cloud servers and "virtual digital space", which that section defines to cover e-mail servers, social-media accounts and online banking, trading and investment accounts. The Government stated in Parliament in February 2026 that this confers no new AI-based surveillance power — a point that has been contested.

Common questions

Frequently asked.

What are the conditions for a search under section 132?

The competent authority must, in consequence of information in its possession, have reason to believe that a summons or notice has been or would be disregarded, or that a person possesses money, bullion, jewellery or other valuable article representing wholly or partly income that has not been or would not be disclosed. The reason must exist before the authorisation is issued.

Can the validity of a search warrant be challenged?

The existence of information and of a recorded reason to believe can be examined, though the sufficiency of the material generally cannot. Such a challenge is ordinarily brought by writ petition before the High Court rather than in the appeal against the assessment.

Related

Provisions that travel with this one.

This page states general principles as at September 2026 and is not advice. Section numbers were verified against the Act as enacted and as amended by the Finance Act 2026; note that mapping tables built from the February 2025 Bill or the Select Committee draft can carry outdated headings, sub-section numbers and rates.