Illegal entry, search, seizure and arrest by police

Last updated on Jun 16, 2022

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

The law punishes those police officers who maliciously or vexatiously do the following acts1:

  • Enter and search or direct other officers to enter and search a place or a vehicle without any reasonable suspicion. 
  • Intentionally and unnecessarily seize property or documents under the pretence of searching and seizing narcotic drugs or psychotropic substances. 
  • Intentionally and unnecessarily detain, search or arrest any person
  • The punishment for these crimes is imprisonment for up to 6 months and/or fine of Rs. 1000. 

False Complaints

The law also punishes those who willfully give wrong information to the police officers that eventually causes the wrongful search and arrest of people with imprisonment up to 2 years and/or fine2

  1. Section 58 (1), Narcotic Drugs and Psychotropic Substances Act, 1985[]
  2. Section 58 (2), Narcotic Drugs and Psychotropic Substances Act, 1985[]

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