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Even if searches are conducted during night hours without strict compliance, courts may still uphold the evidence if no violation of procedural rights is established, but such cases are closely examined ["MR. JEELAN PASHA vs STATE OF KARNATAKA - Karnataka"], ["Narcotic Control Bureau VS Ghambir Dass - Himachal Pradesh"].
Analysis and Conclusion:
References:- ["Union of India VS Atindranath Sarkar - Meghalaya"]- ["MR. JEELAN PASHA vs STATE OF KARNATAKA - Karnataka"]- ["Sunil Kumar Roy VS State of West Bengal - Calcutta"]- ["Gopi Sah VS State of Bihar - Patna"]- ["In the matter of: Jafar Ali VS . - Crimes"]- ["GOVIND RAMLAL MARAR VS STATE OF M. P. - Madhya Pradesh"]- ["Kandra VS State of Madhya Pradesh - Crimes"]- ["Narcotic Control Bureau VS Ghambir Dass - Himachal Pradesh"]- ["Chunni Lal son of Shri Rizumal VS State of Rajasthan - Rajasthan"]- ["RAJENDRA VS STATE OF MADHYA PRADESH - Himachal Pradesh"]
In the realm of criminal investigations, the timing of a search can significantly impact its legality. A common query arises: search after sunset as per BNS? Under the Bharatiya Nyaya Sanhita, 2023 (BNS), searches conducted between sunset and sunrise demand stricter procedural safeguards compared to daytime operations. This blog post breaks down the key provisions, distinctions between day and night searches, and insights from related case law to help you understand these rules.
Note: This is general information based on legal commentaries and is not specific legal advice. Consult a qualified lawyer for your situation.
The BNS outlines clear guidelines for search and seizure to balance effective policing with individual rights. Searches between sunrise and sunset (daytime) generally do not require detailed procedural steps like recording grounds of belief, especially if conducted without prior information or a warrant from places like vehicles or premises—not the person of the accused. State Of Punjab VS Balbir Singh - 1994 0 Supreme(SC) 306UNION OF INDIA VS MAJOR SINGH - 2005 0 Supreme(SC) 1541
However, searches after sunset and before sunrise (night-time) must strictly follow the proviso to Section 42(1). The officer is required to record the grounds of belief before proceeding. Failure to do so can jeopardize the prosecution's case. State Of Punjab VS Balbir Singh - 1994 0 Supreme(SC) 306
Under the proviso to Section 42(1) if such officer has to carry out such search between sunset and sunrise, he must record the grounds of his belief. State Of Punjab VS Balbir Singh - 1994 0 Supreme(SC) 306
This safeguard prevents arbitrary night searches, ensuring accountability.
Daytime searches, from sunrise to sunset, offer more flexibility during routine investigations:- No need for prior warrants or recording grounds if no prior information leads to the search. State Of Punjab VS Balbir Singh - 1994 0 Supreme(SC) 306- Searches from vehicles, premises, or enclosed places (not the accused's person) do not trigger Section 50-like protections (analogous to NDPS). UNION OF INDIA VS MAJOR SINGH - 2005 0 Supreme(SC) 1541
Section 50 of the Act would not apply in case search and seizure is not made from the person of the accused. In the present case, as the search and seizure have not been made from the person of the accused but from the truck, the provisions of Section 50 of the Act shall have no application. UNION OF INDIA VS MAJOR SINGH - 2005 0 Supreme(SC) 1541
This applies typically when officers act on reasonable belief without formal authorization, provided limits are not exceeded.
Night searches are more restricted due to heightened privacy concerns:- Record grounds of belief as per proviso to Section 42(1) before entry. State Of Punjab VS Balbir Singh - 1994 0 Supreme(SC) 306Budh Singh VS State of Punjab - 2023 Supreme(P&H) 1904- In cases of suspected concealment or escape risk, entry is allowed post-recording, but a copy must often be forwarded to superiors within 72 hours. Budh Singh VS State of Punjab - 2023 Supreme(P&H) 1904Virendra Khanna S/o Sri. Ram Khanna VS State of Karnataka - 2021 Supreme(Kar) 2
Section 42 (1) if such officer has to carry out such search between sunset and sunrise, he must record the grounds of his belief... he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after recording the grounds of his belief. Budh Singh VS State of Punjab - 2023 Supreme(P&H) 1904
Non-compliance can lead to evidence exclusion or acquittal, as seen in NDPS cases where BNS provisions draw parallels. For instance, failure to record reasons invalidated a conviction for poppy husk possession. Budh Singh VS State of Punjab - 2023 Supreme(P&H) 1904
A key distinction:- Vehicle or place searches (daytime): No personal search safeguards needed. UNION OF INDIA VS MAJOR SINGH - 2005 0 Supreme(SC) 1541- Personal searches: Always require informing rights (Section 50 equivalent), regardless of time.
In one case, ganja seizure from a truck bypassed Section 50, upholding the procedure. UNION OF INDIA VS MAJOR SINGH - 2005 0 Supreme(SC) 1541 Courts emphasize this to avoid overreach. Jagadeeshan VS State of Andhra Pradesh - 2023 Supreme(AP) 1224
The proviso of Sec. 42 reveals that such search can be conducted between sunset and sunrise... Sec. 42 contemplates entry into and search of any building, conveyance or enclosed place. Jagadeeshan VS State of Andhra Pradesh - 2023 Supreme(AP) 1224
While BNS is recent, NDPS Act precedents (Sections 41, 42) provide analogous guidance:- Non-compliance vitiates trials: In a poppy husk case, search procedural lapses led to acquittal. Budh Singh VS State of Punjab - 2023 Supreme(P&H) 1904- Anticipatory bail granted: No recorded reasons under Section 42 proviso allowed bail despite contraband seizure. MR. RIYAZ KHAN @RIYAZ PASHA vs STATE BY K R NAGARA POLICE - 2025 Supreme(Online)(Kar) 12973
The police Officer has neither obtained any search warrant... nor has he recorded the reason to believe in compliance of the proviso to Section 42. MR. RIYAZ KHAN @RIYAZ PASHA vs STATE BY K R NAGARA POLICE - 2025 Supreme(Online)(Kar) 12973- Daytime no-recording upheld: Searches between sunrise-sunset without belief of concealment need no proviso compliance. Renjith VS State of Kerala - 2024 Supreme(Ker) 1370- Night search at 3 AM challenged: Entry without recorded grounds questioned, though not always vitiating if other evidence holds. Rakesh Verma S/o. Maniram Verma VS State of Chhattisgarh, Through Station House Officer, Police Station – Khursipar, Durg - 2022 Supreme(Chh) 519
Other sources reinforce: Searches post-sunset require recorded necessity, with superior notification. Virendra Khanna S/o Sri. Ram Khanna VS State of Karnataka - 2021 Supreme(Kar) 2Studds Accessories Limited Office VS State Of Karnataka Represented By The Inspector Legal Metrology Department Inspection Squad-II - 2020 Supreme(Kar) 2159Reliance Retail Limited VS State Of Karnataka Represented By Its Secretary To Government Department Of Food & Civil Supplies Vikas Soudha Dr. B. R. Ambedkar Road Bangalore - 2019 Supreme(Kar) 1345
In electricity theft FIRs, timing was noted but not violative if compliant. HARI NANDAN VS STATE OF U. P. - 2014 Supreme(All) 1786
| Time Period | Key Requirement | Consequences of Non-Compliance ||-------------|-----------------|-------------------------------|| Sunrise-Sunset | Minimal (no warrant/recording for routine) | Rarely vitiates if reasonable State Of Punjab VS Balbir Singh - 1994 0 Supreme(SC) 306 || Sunset-Sunrise | Record grounds of belief State Of Punjab VS Balbir Singh - 1994 0 Supreme(SC) 306 | Evidence exclusion, acquittal Budh Singh VS State of Punjab - 2023 Supreme(P&H) 1904 || Vehicle/Premises | No personal safeguards UNION OF INDIA VS MAJOR SINGH - 2005 0 Supreme(SC) 1541 | Valid if otherwise legal |
In summary, BNS prioritizes rights during night searches after sunset, mandating recorded justification under Section 42(1) proviso. Daytime operations from non-personal spaces are less stringent. Understanding these nuances protects rights and ensures valid investigations. Stay informed, and seek professional advice for specific cases.
References:- State Of Punjab VS Balbir Singh - 1994 0 Supreme(SC) 306, UNION OF INDIA VS MAJOR SINGH - 2005 0 Supreme(SC) 1541, Budh Singh VS State of Punjab - 2023 Supreme(P&H) 1904, MR. RIYAZ KHAN @RIYAZ PASHA vs STATE BY K R NAGARA POLICE - 2025 Supreme(Online)(Kar) 12973, Rakesh Verma S/o. Maniram Verma VS State of Chhattisgarh, Through Station House Officer, Police Station – Khursipar, Durg - 2022 Supreme(Chh) 519, Jagadeeshan VS State of Andhra Pradesh - 2023 Supreme(AP) 1224, Renjith VS State of Kerala - 2024 Supreme(Ker) 1370, Virendra Khanna S/o Sri. Ram Khanna VS State of Karnataka - 2021 Supreme(Kar) 2, Vikram VS State Of Karnataka - 2020 Supreme(Kar) 947
#BNS2023 #NightSearchRules #LegalSearch
Where such search or other activity has per force to be conducted between sunset and sunrise, or else the evidence would be lost, upon recording the additional reason, the search or other activity may be conducted by the empowered official without obtaining any warrant or authorisation as long as all ... However, if the activities indicated in clauses (a) to (d) of Section 42 (1) of the Act were to be undertaken at a time not between sunrise and sunset but between sunset and sunrise, t....
The search of the vehicle of the petitioner has taken place at 11:35 p.m. to 2:15 a.m. In the Mahazar, there is a mention of not obtaining Warrant for search and ground of belief are recorded for search after sunset and before sunrise as contained under Section 42 of NDPS Act. ... Learned Senior Counsel for petitioner would contend that, the search has been conducted after sunset and before sunrise and grounds of belief are not recorded as contained in proviso to Section 42 of NDPS Act....
sunset and sunrise.” ... An empowered officer has the power of entry into and search of any building, conveyance or place, break open any door, remove obstruction, seize contraband, detain, search and arrest any person between sunrise and sunset in terms provided in sub-section (1) of Section 42. ... The proviso to the said sub-section enjoins such search may even be conducted between sunset and sunrise provided such officer has reason to believe and records the ground of his belief th....
sunrise and sunset. ... or facility for the escape of the offender, he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after recording the grounds of his belief. ... Sub-section (1) of Section 42 permits an empowered officer to enter into and search any building and in case of resistance break open any door and remove any obstacle to search entry between sunrise and sunset if he has reason to believe from personnel knowledge or in....
But under the proviso to Section 42(1), if such officer has to carry out such search between sunset and sunrise, he must record the grounds of his belief. ... , without warrant between sunrise and sunset and he may do so without recording his reasons of belief. ... or enclosed place, at any time between sunset and sunrise, after recording the grounds of his belief. ... affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building, ....
Section 42 (1) if such officer has to carry out such search between sunset and sunrise, he must record the grounds of his belief. ... not per se be illegal and would not vitiate the trial. ... concealment of evidence or facility for the escape of an offender, he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after recording the grounds of his belief. ... Under the proviso if such officer has reason to believe that search warrant ....
Section 20(b) (ii) (B), 8C of Narcotic Drugs and Psychotropic Substances, Act, 1985 (for short Act, 1985), is before this Court under section 438 of Cr.P.C. and under Section 482 of BNS, 2023, seeking anticipatory bail. 2. ... In the case on hand, the police Officer has neither obtained any search warrant or authorization from the jurisdictional Magistrate in compliance of Section 41 nor has he recorded the reason to believe in compliance pf the proviso to Section 42 of the Act, 1985.
Certified copy as per rules. ... It is not in dispute that the entry in search of the premises in question took place between sunset and sunrise at 3.00 a.m. ... not per se be illegal and would not vitiate the trial. ... But under the proviso to Section 42(1) if such officer has to carry out such search between sunset and sunrise, he must record the grounds of his belief. ... She further submits that seizure of psychotropic substance was done at 21:15 hours as per se....
The proviso of Sec. 42 reveals that such search can be conducted between sunset and sunrise. When Sec. 42(1. contemplates search during day time, the proviso contemplates search during night time. ... search. ... Sec. 42 contemplates entry into and search of any building, conveyance or enclosed place, while Sec. 43 contemplates a seizure made in any public place or in transit. If seizure is made under Sec. 42 between sunset and sunrise, the requirement of the proviso ....
The second part-search also is of two types; one between sunrise and sunset and the other between sunset and sunrise. ... There was no need to record the reasons for belief as per the second proviso, as the search was conducted between sunrise and sunset, and moreover there was no reason to believe concealment of evidence or escape of the offender since the vehicle along with the contraband, and the accused were already ... A close reading of the said proviso will show that, for conduc....
The search and seizure should normally be done after sunrise and before sunset. However, if it is conducted after sunset and before sunrise, the grounds as to why it was felt necessary to take such action should be recorded and copy of the grounds so recorded must be sent within 72 Hours to the immediate official superior.
However, if it is conducted after sunset and before sunrise, the grounds as to why it was felt necessary to take such action should be recorded and copy of the grounds so recorded must be sent within 72 Hours to the immediate official superior. The search and seizure should normally be done after sunrise and before sunset.
The Forensic Science Laboratory report was not submitted to the court or not, it is not forthcoming. That itself indicates that, this is all created and concocted story. As per section 42 of NDPS Act, seizure or search shall be done between the sunrise and sunset, but in the present case it is done after sunset and before sunrise. In the memorandum they have shown one car and in the charge sheet they have shown three cars.
However, if it is conducted after sunset and before sunrise, the grounds as to why it was felt necessary to take such action should be recorded and copy of the grounds so recorded must be sent within 72 Hours to the immediate official superior. A lady officer is required to be present since most such premises may have ladies working 19.2. The search and seizure should normally be done after sunrise and before sunset.
The First Information Report has been lodged in the mid of June, 2014. Therefore, search was not carried out after sunset or before sunrise.
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