Bharatiya Nagarik Suraksha Sanhita, 2023

Section 185 BNSS - Search by Police Officer

Section 185 of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorises a police officer conducting an investigation to search a place within the limits of the police station when there are reasonable grounds to believe that something necessary for the investigation is located there and cannot otherwise be obtained without undue delay. The provision requires written reasons, specifies how a subordinate officer may be authorised, incorporates the general safeguards governing searches, mandates audio-video recording, and requires prompt reporting to the Magistrate.

Updated: 11 September 2026

On this page

Meaning and scope of Section 185 BNSS

Section 185 deals with a search undertaken by the investigating police without first obtaining a search warrant in the circumstances stated in the section. The power is not unrestricted. The investigating officer must have reasonable grounds to believe that something necessary for the investigation may be found at a particular place within the relevant police-station limits and must also form the opinion that the thing cannot otherwise be obtained without undue delay.

Before the search, the officer must record the grounds of belief in writing in the case diary and, so far as possible, identify the thing for which the search is to be made.

Text of Section 185 BNSS

185. Search by police officer.

(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.

When can a police officer search under Section 185?

Requirement What Section 185 requires
Authorised investigation The officer must be investigating an offence which he is authorised to investigate.
Reasonable grounds There must be reasonable grounds to believe that something necessary for the investigation may be found in the place.
Local limits The place must be within the limits of the police station of which the officer is in charge or to which the investigating officer is attached, subject to the separate mechanism in Section 186.
Undue delay The officer must form the opinion that the thing cannot otherwise be obtained without undue delay.
Written record The grounds of belief must be recorded in the case diary and, so far as possible, the thing sought must be specified.

Written grounds and case-diary requirement

Section 185(1) makes written recording an express statutory safeguard. The officer must place the grounds of belief in the case diary before conducting or causing the search and should identify, as far as possible, what is being searched for.

Where the investigating officer cannot personally conduct the search and delegates it to a subordinate officer, Section 185(3) requires a further written record of the reasons for delegation and a written order specifying the place to be searched and, so far as possible, the thing sought.

Audio-video recording of search and seizure

The proviso to Section 185(2) requires the search conducted under this section to be recorded through audio-video electronic means, preferably by mobile phone.

Section 105 BNSS reinforces this requirement. It provides that the process of conducting a search of a place or taking possession of property, an article or a thing under the search provisions or under Section 185, including preparation of the seizure list and its signing by witnesses, must be recorded through audio-video electronic means, preferably a mobile phone. The police officer must forward the recording without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.

When may a subordinate police officer conduct the search?

The officer proceeding under Section 185 should, if practicable, conduct the search personally. If the officer cannot conduct it personally and no other competent person is present, the officer may direct a subordinate officer to undertake the search.

Before doing so, the investigating officer must record the reasons in writing and give the subordinate officer a written order specifying the place to be searched and, as far as possible, the thing for which the search is being made.

Section 103 BNSS safeguards applicable to a Section 185 search

Section 185(4) expressly applies the general search provisions in Section 103, so far as may be, to a search under Section 185. Important safeguards under Section 103 include the following:

  • the person in charge of a closed place must allow lawful access and reasonable facilities for the search;
  • where a person is reasonably suspected of concealing an article on the body, that person may be searched, and a woman must be searched by another woman with strict regard to decency;
  • before the search, two or more independent and respectable inhabitants are to be called to attend and witness the search, subject to the statutory conditions;
  • a list of things seized and the places where they were found is to be prepared and signed by the search witnesses;
  • the occupant of the place, or a person on the occupant's behalf, is to be permitted to attend the search; and
  • a copy of the seizure list is to be delivered to the occupant or representative.

Records must reach the Magistrate within forty-eight hours

Section 185(5) requires copies of records made under sub-section (1) or sub-section (3) to be sent forthwith and, in any event, not later than forty-eight hours to the nearest Magistrate empowered to take cognizance of the offence.

Right of owner or occupier: On application, the owner or occupier of the place searched is entitled to receive a copy of the relevant record free of cost from the Magistrate.

Relationship between Sections 185 and 186 BNSS

Section 185 is framed primarily for a search within the limits of the police station concerned. Section 186 deals with searches involving another police-station area. It permits the investigating officer, in the circumstances specified there, to require the officer in charge of another police station to cause a search to be made.

Where delay in making such a request may result in evidence being concealed or destroyed, Section 186 also permits a search in another police-station area in accordance with Section 185, subject to the additional notice and reporting requirements contained in Section 186.

Official legal resources

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to the exception specified in the Central Government notification concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.