Chapter-3 Privacy Relating to Residence
- To have privacy of residence: (1) Every person shall have the right to privacy of his or her residence.
(2) Except for searching under the law by the authorized official or in accordance with his or her order, entering, or causing other to enter into, the residence of any person, or searching or getting it searched shall be forbidden.
(3) While entering pursuant to sub-section (2), entering or causing other to enter into, or searching or getting it searched, by breaching the privacy of the personal life of the person concerned or member of his or her family, shall be forbidden.
(4) When any person is arrested outside his or her residence by the authorized official or pursuant to order of such official, searching or causing his or her residence to be searched, simply because he is arrested, shall be forbidden.
(5) If there is a reasonable cause to search his or her residence as well when any person is arrested pursuant to sub-section (4), his or her residence may be searched for that purpose by obtaining a separate order of the authorized official pursuant to law.
(6) Notwithstanding anything contained elsewhere in this Section, for the purpose of carrying out disaster management or emergency rescue, any person’s residence may be entered into.
(7) Other provisions relating to maintaining privacy of the residence and search or investigation shall be in accordance with the prevailing law.
- To provide notice while entering into residence: (1) If anybody’s residence is to be searched pursuant to Section 7 in the course of any criminal offence, he or she shall have to be provided with a written notice setting out the purpose for so entering into the residence thereof.
(2) The conditions and procedures under the prevailing law shall have to be fulfilled while entering into the residence of any person pursuant to sub-section (1).
Provided that if the accused person is likely to flee or escape or evidence is likely to be destroyed if search is not conducted immediately, it may be entered into by maintaining the record of such matter.
- Not to install CCTV camera in the residence: No person shall install, or cause to be installed, CCTV camera at the residence of any person without his or her consent, or for collecting personal information related to the user of such residence.