Section 185 of BNSS, 2023 — Search by Police Officer

Introduction

Section 185 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of a police officer to conduct a search during investigation without first obtaining a search warrant.

The provision permits such a search where the investigating officer has reasonable grounds to believe that something necessary for the investigation is located within the limits of the police station and that obtaining it through another method would cause undue delay. The power is accompanied by safeguards such as recording the grounds in the case diary, audio-video recording of the search, and forwarding the relevant records to the Magistrate within forty-eight hours.

Meaning of Section 185

Section 185 enables an officer in charge of a police station or a police officer conducting an investigation to search a place within the limits of the police station when the statutory conditions are satisfied.

It is essentially an investigative search power exercised by the police without obtaining a prior search warrant.

The power is not unrestricted. The officer must have reasonable grounds for believing that the thing sought is necessary for the investigation and that it cannot otherwise be obtained without undue delay.

Statutory Basis

The principal provision is Section 185 of the BNSS, 2023 — Search by police officer.

Connected provisions include:

• Section 103: General provisions relating to searches.
• Section 105: Recording of search and seizure through audio-video electronic means.
• Section 175: Police officer’s power to investigate cognizable cases.
• Section 176: Procedure for investigation.
• Section 186: When the officer in charge of a police station may require another to issue a search warrant.

Section 185 operates within the investigation chapter of BNSS.

Object and Purpose

The provision seeks to balance two competing interests:

• enabling the police to obtain evidence quickly during investigation; and
• preventing arbitrary or unexplained searches.

The requirement of recording reasons, identifying the thing sought as far as possible, audio-video recording the search and placing the records before a Magistrate creates procedural accountability.

Nature and Scope

Section 185 is a procedural investigative power.

It applies when:

1. an authorised police investigation is being conducted;
2. the officer has reasonable grounds for believing that something necessary for the investigation is located at a particular place;
3. the place is within the limits of the relevant police station; and
4. the thing cannot, in the officer’s opinion, otherwise be obtained without undue delay.

Only when these requirements are satisfied may the officer exercise the search power under Section 185.

Essential Elements

1. Authorised Police Officer

The power may be exercised by:

• the officer in charge of the police station; or
• a police officer making an investigation into an offence which he is authorised to investigate.

The power is therefore connected to a lawful investigation.

2. Reasonable Grounds for Belief

The officer must have reasonable grounds for believing that something necessary for the investigation may be found at the place.

A mere suspicion or an entirely unsupported belief is not the statutory standard.

The officer’s belief must have reasonable grounds behind it.

3. Thing Must Be Necessary for Investigation

The object of the search must be something necessary for the purposes of the investigation.

The provision therefore links the search directly to the investigative purpose.

4. Location Within Police-Station Limits

The thing must be believed to be located in a place within the limits of the police station of which the officer is in charge or to which the investigating officer is attached.

Section 185 consequently contains a territorial limitation on this warrantless search power.

5. Risk of Undue Delay

The officer must also believe that the thing cannot otherwise be obtained without undue delay.

This requirement recognises the investigative need for immediate action where waiting for another method of obtaining the evidence could cause unacceptable delay.

6. Grounds Must Be Recorded in the Case Diary

Before conducting the search, the officer must record in writing:

• the grounds of his belief; and
• so far as possible, the thing for which the search is to be made.

The record must form part of the case diary.

Procedure

The procedure under Section 185 can be understood as follows:

1. A police investigation is being conducted.
2. The authorised officer forms reasonable grounds to believe that something necessary for the investigation is located at a particular place.
3. The officer believes that the thing cannot otherwise be obtained without undue delay.
4. The officer records the grounds of belief in writing in the case diary.
5. The officer specifies, as far as possible, the thing for which the search is to be made.
6. The officer conducts the search personally if practicable.
7. The search is recorded through audio-video electronic means, preferably by mobile phone.
8. If the officer cannot conduct the search personally and no other competent person is present, the officer may require a subordinate officer to conduct it after recording reasons and issuing a written order.
9. The general provisions relating to searches under BNSS apply, so far as may be.
10. Copies of the relevant records must be sent to the nearest competent Magistrate forthwith and not later than forty-eight hours.
11. The owner or occupier of the searched place may obtain a copy of the record free of cost from the Magistrate on application.

Personal Conduct of Search

Section 185(2) provides that the police officer proceeding under Section 185 should, if practicable, conduct the search in person.

This places the primary responsibility for the search on the investigating officer rather than automatically delegating the search to a subordinate officer.

Audio-Video Recording

A significant feature of Section 185 under BNSS is the requirement that the search conducted under the section be recorded through audio-video electronic means, preferably by mobile phone.

This is an important procedural development compared with the earlier CrPC framework.

It creates an electronic record of the search and strengthens transparency and accountability.

Section 105 also provides a broader framework for audio-video recording of searches and seizures, including preparation and signing of the seizure list.

When the Investigating Officer Cannot Conduct the Search Personally

If the officer is unable to conduct the search personally and there is no other person competent to conduct the search present at that time, the officer may require a subordinate officer to conduct it.

However, two safeguards apply.

Written Reasons

The officer must first record in writing the reasons why he is unable to conduct the search personally.

Written Order

The officer must give the subordinate officer a written order specifying:

• the place to be searched; and
• so far as possible, the thing for which the search is to be made.

The subordinate officer may then conduct the search in accordance with that order.

Application of General Search Provisions

Section 185(4) provides that the provisions of BNSS relating to:

• search warrants; and
• general provisions concerning searches under Section 103

apply, so far as may be, to a search conducted under Section 185.

Therefore, a Section 185 search is not isolated from the general procedural safeguards applicable to searches under BNSS.

Forwarding Records to the Magistrate

Section 185(5) contains an important judicial safeguard.

Copies of the records made under:

• Section 185(1); and
• Section 185(3)

must be sent forthwith, but not later than forty-eight hours, to the nearest Magistrate empowered to take cognizance of the offence.

The purpose is to ensure that the exercise of the police search power is brought to the attention of judicial authority shortly after the search.

Right of Owner or Occupier to Obtain a Copy

The owner or occupier of the place searched may apply to the Magistrate for a copy of the relevant record.

The copy must be supplied free of cost.

This provides an important transparency safeguard for the person whose premises have been searched.

Safeguards Under Section 185

The principal safeguards are:

• reasonable grounds must exist;
• the object of the search must be necessary for the investigation;
• the officer must believe that obtaining it otherwise would cause undue delay;
• the grounds must be recorded in the case diary;
• the thing sought must be specified as far as possible;
• the officer should conduct the search personally if practicable;
• the search must be audio-video recorded;
• reasons must be recorded when personal conduct of the search is not possible;
• a subordinate officer must receive a written search order;
• general search safeguards under BNSS apply;
• records must be sent to the Magistrate within forty-eight hours; and
• the owner or occupier may obtain a free copy of the relevant record.

Exceptions and Limitations

Personal Search by the Investigating Officer

General rule: The officer proceeding under Section 185 should conduct the search personally if practicable.

Exception: If the officer cannot do so and no other competent person is present, a subordinate officer may conduct the search after the statutory written-reason procedure is followed.

Search Without Warrant

General rule: Searches may ordinarily be conducted pursuant to the applicable search-warrant provisions.

Section 185 exception: Where the statutory conditions are satisfied, an authorised investigating police officer can conduct the search without first obtaining a search warrant.

The power is limited by the requirements of reasonable grounds, investigative necessity and avoidance of undue delay.

Important Distinctions

Section 185 Search and Search Warrant

A Section 185 search is a police search conducted during investigation under the specific statutory conditions of Section 185.

A search warrant is issued through the warrant procedure under BNSS.

Section 185 therefore provides a mechanism for immediate investigative search where obtaining the thing through another method would cause undue delay.

Search and Seizure

Search involves examining a place or premises for the purpose of finding relevant material.

Seizure involves taking possession or control of property, articles or things relevant to the investigation.

The two procedures may occur together, but they are conceptually distinct.

Section 185 and Section 105

Section 185 provides the police officer’s substantive authority to conduct a particular investigative search without a warrant when its conditions are satisfied.

Section 105 provides the audio-video recording framework applicable to search and seizure processes, including searches under Section 185.

BNSS and CrPC

Section 185 of BNSS corresponds broadly to Section 165 of the Code of Criminal Procedure, 1973.

The basic investigative search power has substantially continued.

However, BNSS introduces an important procedural development: the search conducted under Section 185 is required to be recorded through audio-video electronic means, preferably by mobile phone.

Another important BNSS safeguard is Section 185(5), which expressly requires copies of the records under sub-sections (1) and (3) to be sent to the nearest competent Magistrate forthwith and not later than forty-eight hours. The owner or occupier can obtain a free copy on application.

Thus, the core police-search power resembles old Section 165 CrPC, while BNSS strengthens the electronic-recording and judicial-transparency aspects.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 (BNS) defines the substantive offences being investigated.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the procedural authority for investigation and search, including Section 185.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the evidentiary treatment of material subsequently produced before the court.

Thus, Section 185 concerns how the police may obtain investigative material, while the law of evidence determines the legal treatment of that material during proceedings.

Constitutional Connection

Section 185 has an important relationship with Article 21 of the Constitution, particularly the protection of personal liberty and the requirement that criminal investigative procedures operate according to fair and lawful procedure.

A police search can interfere with privacy and property interests. The statutory requirements of reasonable grounds, written recording of reasons, audio-video recording and judicial oversight through the Magistrate provide procedural checks on the exercise of this power.

The Supreme Court has recognised that search and seizure powers must operate within constitutional and statutory safeguards. Older judicial decisions concerning Section 165 CrPC may remain relevant where the corresponding BNSS language is substantially similar, but BNSS-specific requirements must be separately observed.

Case Law

Pooran Mal v. Director of Inspection (Investigation)

The Supreme Court considered the relationship between illegal search and the admissibility of evidence obtained through such a search.

The case was decided under the earlier law and therefore does not directly interpret Section 185 BNSS. It remains relevant for understanding the broader evidentiary consequences of search irregularities, subject to the current statutory framework.

State of Maharashtra v. Natwarlal Damodardas Soni

The Supreme Court considered issues relating to search and seizure and the evidentiary consequences of procedural irregularities.

The decision arose under the earlier criminal-procedure framework. Its principles should therefore be applied to BNSS only to the extent that the relevant statutory provisions remain substantially comparable.

Common Confusions

Can police conduct a search without a warrant under Section 185?

Yes.

Section 185 permits a police officer conducting an authorised investigation to search without first obtaining a warrant when the statutory requirements are satisfied.

Is mere suspicion enough?

No.

The officer must have reasonable grounds for believing that the thing necessary for the investigation may be found at the place.

Does the officer have to record the reason for the search?

Yes.

The grounds of belief must be recorded in writing in the case diary, together with the thing sought, as far as possible.

Must the search be video-recorded?

Yes.

Section 185 expressly provides that the search must be recorded through audio-video electronic means, preferably by mobile phone.

Can a subordinate police officer conduct the search?

Yes, but only in the circumstances specified by Section 185(3).

The officer must be unable to conduct the search personally, there must be no other competent person present, reasons must be recorded in writing, and a written order specifying the place and, as far as possible, the thing sought must be given to the subordinate officer.

When must the Magistrate receive the search record?

The relevant records must be sent forthwith and not later than forty-eight hours to the nearest Magistrate empowered to take cognizance of the offence.

Can the owner or occupier obtain the record?

Yes.

On application, the owner or occupier of the searched place can receive a copy from the Magistrate free of cost.

Example

Suppose the police are investigating a theft and have reasonable grounds to believe that stolen property is stored in a particular premises within their police-station limits.

The investigating officer believes that waiting for another method of obtaining the property would cause undue delay. Before conducting the search, the officer records the grounds of belief in the case diary and specifies, as far as possible, the property being sought.

The officer conducts the search personally if practicable and records the search through audio-video electronic means. The relevant records are subsequently sent to the competent Magistrate within forty-eight hours.

The owner or occupier of the premises may apply to the Magistrate for a free copy of the relevant record.

Important BNSS Provisions

• Section 103: General provisions relating to searches.
• Section 105: Recording of search and seizure through audio-video electronic means.
• Section 175: Police officer’s power to investigate cognizable cases.
• Section 176: Procedure for investigation.
• Section 185: Search by police officer.
• Section 186: Procedure relating to search warrants when another police station or jurisdiction is involved.

Topic at a Glance

• Topic: Search by Police Officer
• BNSS Section: Section 185
• Nature: Investigative search power
• Authority: Officer in charge of police station or authorised investigating police officer
• Main requirement: Reasonable grounds for believing that necessary material is at the place
• Additional requirement: Material cannot otherwise be obtained without undue delay
• Territorial requirement: Place must be within the relevant police-station limits
• Written record: Grounds must be recorded in the case diary
• Specificity: Thing sought must be specified as far as possible
• Personal search: Officer should conduct it personally if practicable
• Electronic recording: Audio-video recording is required, preferably by mobile phone
• Subordinate officer: May conduct the search only under the conditions in Section 185(3)
• Magistrate: Records must be sent within forty-eight hours
• Owner/occupier: May obtain a free copy of the relevant record
• CrPC counterpart: Section 165 CrPC

Quick Revision

1. Section 185 BNSS deals with search by police officer.
2. It operates during an authorised police investigation.
3. The officer must have reasonable grounds to believe that something necessary for the investigation may be found at a particular place.
4. The officer must believe that the thing cannot otherwise be obtained without undue delay.
5. The place must fall within the limits of the relevant police station.
6. The grounds of belief must be recorded in writing in the case diary.
7. The thing sought must be specified as far as possible.
8. The officer should conduct the search personally if practicable.
9. The search must be recorded through audio-video electronic means, preferably by mobile phone.
10. A subordinate officer may conduct the search only when the conditions under Section 185(3) are satisfied.
11. The subordinate officer must receive a written order specifying the place and, as far as possible, the thing to be searched for.
12. General BNSS provisions relating to search warrants and searches apply so far as may be.
13. Records under Section 185(1) and (3) must be sent to the nearest competent Magistrate forthwith and within forty-eight hours at the latest.
14. The owner or occupier can obtain a free copy of the relevant record from the Magistrate on application.
15. Section 185 broadly corresponds to Section 165 CrPC.
16. BNSS strengthens the provision through mandatory audio-video recording and an express forty-eight-hour judicial-record requirement.

ALSO READ: Section 184 – Medical examination of victim of rape

Conclusion

Section 185 of the BNSS gives the police an important power to conduct an investigative search without first obtaining a search warrant when immediate action is necessary. However, the power is controlled by several safeguards: reasonable grounds, written recording in the case diary, specification of the thing sought, audio-video recording, written authorisation when a subordinate officer conducts the search, and submission of the relevant records to the Magistrate within forty-eight hours. The provision therefore seeks to balance the practical needs of criminal investigation with transparency and judicial oversight.