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CAN A POLICE OFFICER SEARCH YOUR OFFICE OR HOUSE WITHOUT A SEARCH WARRANT?

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CAN A POLICE OFFICER SEARCH YOUR OFFICE OR HOUSE WITHOUT A SEARCH WARRANT?
Can A Police Officer Search Your Office Or House Without A Search Warrant?


Under Section 165 of The Code of Criminal Procedure 1973, whenever a police officer during investigation, has a reason to believe that something necessary may be found in any place which may be required for investigating an offence committed and the place where search is to be conducted, comes within the jurisdiction of the police station of which he is incharge and that thing cannot be otherwise obtained without the search, such officer may, upon recording his belief in writing, cause, search to be made, for such thing.

The police officer may conduct the search in person or order his subordinate to make search, however, the order has to be in writing, specifying the place to be searched and the thing to be searched. The police officer making a search shall call upon two or more independent inhabitants of the locality in which search is to be conducted and the search shall be made in their presence of those witnesses. A list of things seized in the course of such search and the place from which, the searched things are found is to be prepared by such officer and the same is required to be signed by the witnesses. It is called search memos. Though, the police officer can be conduct search without warrant in exceptional emergencies, however, the search are caused by the police without search warrant in most of the cases. It is advisable to allow the police officers to conduct search as obstructing a police officer in discharge of his duty, is a punishable offence under Section 186 of IPC.

On the other hand, search warrants are issued by a Court and the said warrants authorized the police officer to conduct search at the place and in the manner stated in the warrant. The search warrant can be issued by the Court suo moto or on an application by the police. The police/investigating officer is required to state a reason for causing such search. Search is only a temporary interference and does not violate Article 19 nor it amount to infringement of Fundamental Rights under Article 20(3) of The Constitution of India.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate

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