Section 185 BNSS: Search by police officer

Section 185 BNSS Bare Act Text

(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.

Source: Section 185, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 185 BNSS in Simple Words

When Section 185 BNSS Applies

• Under Section 185(1) BNSS, an officer in charge of a police station or a police officer making an investigation may search, or cause search to be made, in a place within the limits of the police station, after recording in writing the grounds of belief in the case-diary.
• Section 185(2) BNSS provides that a police officer proceeding under Section 185(1) BNSS shall, if practicable, conduct the search in person. The proviso to Section 185(2) BNSS provides that the search conducted under Section 185 BNSS shall be recorded through audio-video electronic means preferably by mobile phone.
• Under Section 185(3) BNSS, when the officer is unable to conduct the search in person and there is no other person competent to make the search present at the time, the officer may, after recording in writing the reasons, require any officer subordinate to the officer to make the search, and shall deliver to that subordinate officer an order in writing.
• Under Section 185(4) BNSS, the provisions of the Sanhita as to search-warrants and the general provisions as to searches contained in Section 103 BNSS shall, so far as may be, apply to a search made under Section 185 BNSS.
• Under Section 185(5) BNSS, the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the record by the Magistrate.

Time Limits Under Section 185 BNSS

• Under Section 185(5) BNSS, copies of any record made under Section 185(1) BNSS or Section 185(3) BNSS shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence.Act text: “Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later than forty-eight hours, be sent”

Example of Section 185 BNSS

When Section 185 BNSS Does Not Apply

• Section 185 BNSS speaks of a search by a police officer. It does not deal with when a search-warrant may be issued, which is the subject of Section 96 BNSS.
• Section 185(1) BNSS speaks of a place within the limits of the police station of which the officer is in charge, or to which the officer is attached. It does not deal with the case where an officer in charge of a police station requires another to issue a search-warrant, which is the subject of Section 186 BNSS.

Section 185 BNSS in the CrPC (Previous Law)

FAQs on Section 185 BNSS

Section 185 BNSS: Sub-sections Explained

Sections Related to Section 185 BNSS