Description

1. When Can a Police Officer Conduct a Search?

An officer in charge of a police station or a police officer investigating an offence may conduct a search if:

• He has reasonable grounds to believe that an item necessary for the investigation of an offence is located in a particular place within his jurisdiction.
• He believes that obtaining the item by other means would cause undue delay.

Before conducting the search, the officer must:

• Record in writing the grounds of his belief.
• Specify the item to be searched for, as clearly as possible.

2. Who Can Conduct the Search?

• The police officer should conduct the search personally whenever possible.
• If the officer cannot conduct the search in person, and if no other competent person is available, he may:
  • Authorize a subordinate officer to conduct the search.
  • Issue a written order to the subordinate officer, specifying:
    • The place to be searched.
    • The item(s) being searched for.

3. Rules & Procedures for the Search

• The provisions on search warrants and general rules on searches under Section 100 of the Code shall apply to searches under this section as far as possible.

4. Record-Keeping & Magistrate’s Oversight

• Copies of the search records (from Sub-Sections (1) & (3)) must be immediately sent to the nearest Magistrate with the authority to take cognizance of the offence.
• The owner or occupier of the searched premises is entitled to a free copy of the search record from the Magistrate, upon request.