CrPC Section 165 — Search by police officer

CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

General

Summary

Sub-section (1) allows the officer in charge of a police station, or a police officer investigating an offence they are authorised to investigate, to search or arrange a search at a place within the limits of the relevant police station. The officer must have reasonable grounds to believe that something needed for the investigation may be there and that, in their opinion, it cannot be obtained another way without undue delay. Before searching, the officer must record the grounds for that belief in writing and, so far as possible, identify what is being sought.

Sub-section (2) says that, if practicable, the officer proceeding under sub-section (1) must conduct the search personally.

Sub-section (3) applies if the officer cannot conduct the search personally and no other person competent to search is present at the time. The officer may then require a subordinate officer to search, but must first record in writing the reasons for doing so and give that officer a written order identifying the place to be searched and, so far as possible, what is being sought. The subordinate officer may then search that place for that thing.

Sub-section (4) says that the Code’s provisions about search warrants and the general search provisions in section 100 apply to a search under this section so far as they can.

Sub-section (5) requires copies of any record made under sub-section (1) or sub-section (3) to be sent without delay to the nearest Magistrate empowered to take cognizance of the offence. If the owner or occupier of the place searched applies, the Magistrate must provide them a copy free of cost.

Official 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.

Sections referred to

Referred to by

Related Judgments

  • LAL SINGH ETC. ETC vs STATE OF GUJARAT AND ANR — Supreme Court of India (2001)
  • STATE OF PUNJAB . vs BALBIR SINGH AND ORS. ETC. ETC — Supreme Court of India (1994)
  • THE COMMISSIONER OF COMMERCIAL TAXES AND OTHERS ETC. vs R. S. JHAVER AND OTHERS ETC — Supreme Court of India (1967)
  • WAZIR CHAND vs THE STATE OF HIMACHAL PRADESH — Supreme Court of India (1954)
  • SHAILESH KUMAR vs STATE OF U.P. (NOW STATE OF UTTARAKHAND) — Supreme Court of India (2024)
  • DISTT. REGISTRAR & COLLECTOR, HYDERABAD AND ANR. vs CANARA BANK ETC — Supreme Court of India (2004)

Old <-> New Code Mapping