Section 185 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 185 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to searches conducted by police officers:
🧾 Section 185: Search by Police Officer
1. Authority to Conduct Search
Who Can Conduct the Search: An officer in charge of a police station or any police officer authorized to investigate a cognizable offense.
Conditions for Search: The officer must have reasonable grounds to believe that:
Evidence or items necessary for the investigation of an offense are present in a particular place within their jurisdiction
Such items cannot be obtained without undue delay.
Documentation Requirement: Before conducting the search, the officer must record the grounds for their belief in the case diary, specifying the items to be searched for.
2. Conducting the Search
Personal Conduct: If practicable, the police officer should conduct the search personally.
Recording the Search: The search must be recorded through audio-video electronic means, preferably using a mobile phone.
Delegation: If the officer cannot conduct the search personally and no other competent person is available, they may delegate the task to a subordinate officer. This delegation must be documented in writing, specifying the place and items to be searched.
3. Application of General Search Provisions
Reference to Other Provisions: The general provisions related to search warrants and searches under Section 103 of the BNSS apply to searches conducted under this section, as far as applicable.()
4. Reporting the Search
Submission to Magistrate: Copies of the records made under subsections (1) or (3) must be sent to the nearest Magistrate empowered to take cognizance of the offense within 48 hours.
Access to Records: The owner or occupier of the place searched can apply to the Magistrate to obtain a copy of the records free of cost.
⚖️ Comparison with Indian Criminal Procedure Code (CrPC)
Section 185 of the BNSS is broadly similar to Section 165 of the Indian Penal Code (CrPC), which governs searches by police officers. Both provisions allow police officers to conduct searches without a warrant under certain conditions.
🧭 Key Takeaways
Enhanced Accountability: The requirement to record the grounds for search and the use of audio-video recording enhance transparency and accountability in the search process.
Protection of Rights: The provision for the owner or occupier to obtain copies of the search records helps protect their rights and ensures oversight.
Consistency with Legal Standards: By aligning with general search provisions, the BNSS ensures consistency and adherence to established legal standards in conducting searches.
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