Legal Framework for Searches
• Search Warrant Requirement:
DS-= Generally, a magistrate or police officer must obtain a search warrant under Sections 93–95 of the CrPC or Sections 96–101 of the BNSS before entering and searching private premises.
• Exceptions Without Warrant: Searches without a warrant are permitted only under specific circumstances:
o Section 165 CrPC: A police officer may search without a warrant if there’s reasonable belief that obtaining one would cause delay and defeat the purpose of the search.
o Section 103 CrPC: Allows search without warrant in emergencies, but requires witnesses and documentation.
o These exceptions are tightly regulated and must be justified with strong legal reasoning
If such a search is conducted without proper legal basis, it may be challenged in court as illegal or unconstitutional.
@Copilot
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