- 19-May-2025
- Transportation and Traffic Laws
(1) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief in the case-diary and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.
(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person.
Provided that the search conducted under this section shall be recorded through audio-video electronic means preferably by mobile phone.
(3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place.
(4) The provisions of this Sanhita as to search-warrants and the general provisions as to searches contained in section 103 shall, so far as may be, apply to a search made under this section.
(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate.
This section outlines the authority and procedures for police officers to conduct searches when they believe necessary evidence may be found in a specific location. It emphasizes the need for written documentation of the search rationale, personal involvement of the officer, and adherence to legal protocols regarding search warrants.
A police officer can conduct a search if they have reasonable grounds to believe that necessary evidence related to an investigation can be found at a specific location, and that this evidence cannot be obtained without undue delay.
The officer must record the grounds for their belief in writing in the case-diary and specify the thing for which the search is to be made.
If the officer cannot conduct the search personally, they may require a subordinate officer to conduct it, after recording the reasons for this decision.
Copies of any records made during the search must be sent to the nearest Magistrate within forty-eight hours.
The owner or occupier of the searched place can request a copy of the record from the Magistrate free of cost.
A police officer suspects that stolen goods are hidden in a warehouse. They document their reasons for believing this and conduct a search, recording the process via video on their mobile phone. If they are unable to conduct the search, they authorize a subordinate officer to do so with written instructions.
Section 185 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for police searches during investigations. It requires documentation of the rationale for searches, mandates timely reporting to a Magistrate, and ensures that the rights of individuals involved are protected through transparency and accountability.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.
