CrPC 165 — Search by police officer

Code of Criminal Procedure, 1973

Statutory text

(1) Whenever an officer in charge of a police station or a police officer making
an  investigation  has  reasonable  grounds  for  believing  that  anything  necessary  for  the  purposes  of  an  investigation
into  any  offence  which  he  is  authorised  to  investigate  may  be  found  in  any  place  within  the  limits  of  the  police
station of which he is in charge, or to which he is attached, and that  such thing cannot in his opinion be otherwise
obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in
such  writing,  so  far  as  possible,  the  thing  for  which  search  is  to  be  made,  search,  or  cause  search  to  be  made,  for such thing in any place within the limits of such station.
(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person.
(3) If he  is unable  to conduct the  search in person, and there  is no other person competent to  make  the  search
present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him
to  make  the  search,  and  he  shall  deliver  to  such  subordinate  officer  an  order  in  writing,  specifying  the  place  to  be
searched,  and  so  far  as  possible,  the  thing  for  which  search  is  to be  made;  and  such  subordinate  officer  may thereupon search for such thing in such place.
(4) The  provisions  of  this  Code  as  to  search-warrants  and  the  general  provisions  as  to  searches  contained  in section 100 shall, so far as may be, apply to a search made under this section.
(5) Copies  of  any  record  made  under  sub-section (1) or  sub-section (3) shall  forthwith  be  sent  to  the  nearest
Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate.

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