Chapter XII
Section 165 CrPC: Search by police officer
New Law Update (2024)
Section 185 BNSS
TRIAL COURT
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Section 165(1)
This sub-section outlines the primary power of a police officer to conduct a search without a warrant during an investigation. It mandates that the officer must have reasonable grounds to believe that necessary evidence is present and record these grounds in writing, specifying the item to be searched, before proceeding.
Section 165(4)
This crucial sub-section ensures that any search conducted under Section 165 must comply with the general provisions for searches and search warrants found elsewhere in the Code, particularly Section 100 CrPC, thereby incorporating vital safeguards for the persons and premises being searched.
Landmark Judgements
State of Punjab v. Balbir Singh (1994):
This landmark case emphasized the mandatory nature of procedural safeguards under the CrPC during search and seizure, even when conducted under special laws. It underscored that strict compliance with provisions like Section 165 is crucial to protect individual liberties and that non-compliance can affect the legality of the search and the admissibility of evidence.
State of Rajasthan v. Daulat Ram (1980):
The Supreme Court in this case clearly laid down that the requirement under Section 165(1) CrPC for a police officer to record in writing the grounds of his belief before conducting a search without a warrant is mandatory. Failure to record such grounds renders the search illegal and irregular.