8 Rights Covered
Right to see the search warrant
Police must produce a valid search warrant before searching your home. BNSS Section 185. Check: court name, your name/address, officer name, date, and offence mentioned.
Right against warrantless home search
Police cannot search your home without a warrant except in specific emergencies where they reasonably believe evidence will be destroyed. Even then, must be justified. BNSS Sections 93-103.
Right to have two independent witnesses (panchas) present
Police must call two independent local witnesses during any search. BNSS Section 105. Search conducted without witnesses is procedurally defective and can be challenged in court.
Right to receive a copy of seizure memo (panchnama)
After the search, you must receive a copy of the seizure memo listing all items seized. BNSS Section 106. Verify all items match before signing. Your signature does not admit guilt.
Right that only female officer searches women
Only a female police officer can search a woman suspect or accused. BNSS Section 51(2). Male officer searching a woman is illegal and constitutes grounds for complaint against that officer.
Right against phone/computer search without warrant
Digital devices require a warrant specifying the reason for search. Supreme Court held privacy is a fundamental right. Any phone/computer search must be documented.
Right to challenge illegal search in court
Evidence obtained through an illegal search (without warrant, without witnesses) can be challenged in court as inadmissible. File complaint with SP or DM for trespass and illegal entry.
Right to inspect seized property in court
All seized items are under court jurisdiction. You can access the property register through your lawyer to verify seized items. Nothing can be added or removed without court knowledge.