Clause Crafted

It's 4 P.M. You're expecting evening tea. There's a knock at your door. Police officers claim they need to search your home, but they do not have a warrant. Your first instinct may be to say no. Isn't that our right to deny? Under Indian law, not always. Section 185 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, authorizes police to undertake warrantless searches under specific circumstances and if you don't know what those conditions are, you could be taken entirely by surprise. In today's post, we'll explain what Section 185 actually states, when it can be utilized and where the risks are. Relevant Section: Section 165, Code of Criminal Procedure,1973 (CrPC), Corresponds to Section 185 in Bharatiya Nagarik Suraksha Sanhita, 2023 If police have sufficient grounds to believe that a search is necessary for an investigation and that waiting would cause evidence to disappear or be destroyed, they search without a warrant. This provision mirrors Secti...