Prevention of Money Laundering Act, 2002
Search of Persons: Section 18
Searching a person's body and belongings is more intrusive than searching a building, so Section 18 surrounds it with additional safeguards, modelled on Section 50 of the NDPS Act: the right to be taken before a Gazetted Officer or Magistrate, the presence of witnesses, and the rule that a female may be searched only by a female. This note sets out the conditions, the procedure, and how a personal search differs from a search of premises.
The safeguards around a personal search under Section 18
1. The Provision
§ Section 18(1), in substance If an authority authorised in this behalf by the Central Government has reason to believe, the reason to be recorded in writing, that any person has secreted about his person, or in anything under his possession, ownership or control, any record or proceeds of crime which may be useful for or relevant to any proceedings under the Act, he may search that person and seize such record or property. |
2. The Procedure and Safeguards
Sub-section | Safeguard |
|---|---|
s. 18(2) | Immediately after the search and seizure, the reasons and material are forwarded to the Adjudicating Authority in a sealed envelope |
s. 18(3), (4) | If the person so requires, he is taken, within twenty-four hours excluding journey time, to the nearest Gazetted Officer superior in rank to the searching authority, or a Magistrate; he is not detained beyond that period for this purpose |
s. 18(5) | The Gazetted Officer or Magistrate discharges the person if he sees no reasonable ground for the search, or otherwise directs that the search be made |
s. 18(6), (7) | Two or more persons are called to witness the search; a list of records or property seized is prepared and signed by the witnesses |
s. 18(8) | No female shall be searched by anyone except a female |
s. 18(9) | The statement of the person searched is recorded in respect of the records or proceeds found or seized |
s. 18(10) | Within thirty days, an application to the Adjudicating Authority for retention of what was seized |
3. Personal Search and Premises Search
Basis | Search of person, s. 18 | Search of premises, s. 17 |
|---|---|---|
Object | The body and belongings of a person | Buildings, places, vessels, vehicles, aircraft |
Authority | An authority authorised by the Central Government | Authorised by the Director or a Deputy Director and above |
Right to independent check | Yes: Gazetted Officer or Magistrate, if the person requires | No |
Witnesses | Two or more, required | Governed by the general search rules |
Female searcher | Required for a female | Not applicable |
Common | Reason to believe recorded; seizure; sealed envelope to the AA; retention application in 30 days | Same |
§ Why the additional safeguards Dignity and privacy. A personal search invades the body and person directly; the law therefore adds an independent officer's check and witnesses. Reliability. Witnesses and a signed list protect both the searched person and the officer against allegations of planting or loss. The NDPS model. Courts interpreting Section 50 of the NDPS Act have treated its safeguards as mandatory, and the same approach informs Section 18. |
4. Frequently Asked Questions
Can a person demand to be taken before a Magistrate before a search?
Yes. Under Section 18(3), the person may require to be taken, within twenty-four hours, before the nearest Gazetted Officer superior in rank, or a Magistrate.
Who may search a woman under the PMLA?
Only a female, under Section 18(8).
How does Section 18 differ from Section 17?
Section 18 concerns the search of a person and adds safeguards: an independent check by a Gazetted Officer or Magistrate, witnesses, and a female searcher for a female.