Police or Law Enforcement Checks on the Street – What the Law Says

Rules for Searches and What the Law Says

Barrister Sarwat Siraj Shukla says that while moving around in streets, many of us have faced searches by law enforcement agencies. The police or law enforcement officers are given the power to conduct searches under specific laws. However, all types of searches must be conditional and based on reasonable suspicion.
 

Article 43 of our Constitution guarantees the protection of citizens’ homes and correspondence against illegal searches. However, this right is conditional. For public health, morality, and public safety, authorities may enter homes, conduct searches, and seize items.

The Criminal Procedure Code has an extensive section on searches. According to Section 54 of the Criminal Procedure Code, the police can arrest a person without a warrant if there is reasonable suspicion that the person has committed or is about to commit an offense. Any search conducted before or after such an arrest must also be based on reasonable suspicion.
 

If a police officer believes that evidence of a crime, stolen items, or objects used in committing a crime are present at a place or with a person, they may conduct a search and, if necessary, seize items. The condition is that a list of seized items must be prepared and the search conducted in the presence of witnesses.

In some cases, searches are conducted based on a magistrate-issued search warrant. If obtaining a warrant is not possible, the police officer may conduct a search on their own responsibility and later report it in writing to higher authorities.
 

Barrister Sarwat Siraj Shukla gives an example from Section 20 of the Dhaka Metropolitan Police Ordinance 1976. According to this, a police officer may search a citizen on the street or in a public place. However, there are certain conditions. For instance, if the police reasonably believe that a person is carrying stolen goods, that person may be searched, and the recovered items can then be examined.

To protect citizens’ interests, Section 51 of the same law states that if an officer searches a home, vehicle, or personal property without legal authority or reasonable cause, the officer may face disciplinary action. In other words, there must be a reasonable cause for the search.
 

Rights During a Search

As a citizen, you have the right to ask: “Why am I being searched?” You can also request the name and designation of the officer conducting the search. A witness must be present during the search. Care must be taken to ensure that the officer does not unnecessarily touch your body, handle your personal property roughly, or damage anything.

If a police officer conducts an illegal or unnecessary search, that itself is an offense. If proven, the officer may face jail or fines.