(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.
Bharatiya Nagarik Suraksha Sanhita
Section 185
Search by police officer
⚡ Quick Answer Reference: Section 185 BNSS
- Provision: Section 185 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: A police officer can search a place if they believe something necessary for an investigation is there and can't be obtained otherwise without delay.
What does Section 185 of BNSS say?
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What does Section 185 of BNSS mean?
Plain English Explanation
A police officer can search a place if they believe something necessary for an investigation is there and can't be obtained otherwise without delay.
Practical Interpretation
This section allows police officers to conduct searches within their jurisdiction when they have reasonable grounds to believe evidence is present, ensuring timely investigation.
Core Legal Purpose
The core purpose is to enable police officers to efficiently gather evidence for investigations by granting them the authority to search places under specific conditions.
- •Reasonable grounds for believing that something necessary for the investigation may be found in a place.
- •The thing cannot be otherwise obtained without undue delay.
- •Recording in writing the grounds of belief and specifying the thing to be searched for.
- •The search must be conducted personally by the officer if practicable, or through a subordinate with a written order.
Practical Example of Section 185 BNSS
Rajesh, a police officer in Mumbai, is investigating a theft case. He believes the stolen item is hidden in Amit's house. After recording his reasons, Rajesh conducts a search, preferably recording it through audio-video means, to find the evidence needed for the investigation.
Frequently Asked Questions about Section 185 BNSS
Q: What is the punishment or consequence under Section 185 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to police officers and their actions during investigations, not directly to private individuals or public entities unless they are subjects of the investigation.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence; it outlines a procedure for search by police officers.
Common Questions about Section 185 BNSS
What is Section 185 of BNSS?
Section 185 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Search by police officer". In plain terms: A police officer can search a place if they believe something necessary for an investigation is there and can't be obtained otherwise without delay.
What is the punishment under Section 185 of BNSS?
Section 185 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 185 of BNSS bailable or non-bailable?
Whether Section 185 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 185 of BNSS?
The essential elements of Section 185 of BNSS are: Reasonable grounds for believing that something necessary for the investigation may be found in a place.; The thing cannot be otherwise obtained without undue delay.; Recording in writing the grounds of belief and specifying the thing to be searched for..
What is the IPC equivalent of Section 185 of BNS?
Section 185 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 165 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
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