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Your rights

Can police search my house without a warrant?

Short answer

Generally no. Police need a search warrant from a Magistrate to search your house, with limited exceptions for urgent situations.

Understanding the issue

Under BNSS Section 96, police need a written search warrant from a Magistrate to search your premises. However, there are exceptions: if the police officer has reasonable grounds to believe evidence will be destroyed before a warrant can be obtained, they can conduct a search without one under BNSS Section 185. Even then, the officer must record reasons in writing and send a copy to the Magistrate. During the search, you have the right to have two independent witnesses from the locality present. Police must prepare a search list (panchnama) of all items seized and give you a copy. If police conduct an illegal search without proper authority, you can file a complaint to the Superintendent of Police or approach the court. Any evidence obtained through an illegal search may be challenged in court.

Laws that apply

  • BNSS Section 96 — Search warrant by Magistrate
  • BNSS Section 185 — Search without warrant in urgent cases
  • BNSS Section 103 — Search to be made in presence of witnesses
  • Article 21 — Right to Privacy (Fundamental Right)