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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XIII: Information To The Police And Their Powers To Investigate

Section 185 BNSS: Search by police officer

Corresponding CrPC
Section 165 CrPC
Note
New: requires the search to be recorded through audio-video electronic means, preferably by mobile phone.

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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Allows an officer in charge of a police station or investigating officer, who has reasonable grounds to believe that something necessary for the investigation cannot otherwise be obtained without undue delay, to search or cause search in the station's limits after recording grounds in writing. The search is conducted in person where practicable, can be delegated to a subordinate in writing, and is subject to the search-warrant provisions and section 103.

Chapter XIII: Information To The Police And Their Powers To Investigate

  1. 173 Information in cognizable cases
  2. 174 Information as to non-cognizable cases and investigation of such cases
  3. 175 Police officer’s power to investigate cognizable case
  4. 176 Procedure for investigation
  5. 177 Report how submitted
  6. 178 Power to hold investigation or preliminary inquiry
  7. 179 Police officer's power to require attendance of witnesses
  8. 180 Examination of witnesses by police
  9. 181 Statements to police and use thereof
  10. 182 No inducement to be offered
  11. 183 Recording of confessions and statements
  12. 184 Medical examination of victim of rape
  13. 185 Search by police officer
  14. 186 When officer in charge of police station may require another to issue search-warrant
  15. 187 Procedure when investigation cannot be completed in twenty-four hours
  16. 188 Report of investigation by subordinate police officer
  17. 189 Release of accused when evidence deficient
  18. 190 Cases to be sent to Magistrate, when evidence is sufficient
  19. 191 Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
  20. 192 Diary of proceedings in investigation
  21. 193 Report of police officer on completion of investigation
  22. 194 Police to enquire and report on suicide, etc
  23. 195 Power to summon persons
  24. 196 Inquiry by Magistrate into cause of death