Legal provisions regarding search by police officer making an investigation under section 165 of the Code of Criminal Procedure, 1973.
(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 authorized 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 cannot, in his opinion, be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specify 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.
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ADVERTISEMENTS:
(2) A police officer proceeding for search 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 search, and 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 the Code of Criminal Procedure as to search warrants and the general provisions as to searches contained in Section 100 of the Code shall, so far as may be, apply to a search made under Section 165 of the Code of Criminal Procedure.
(5) Copies of any record made in investigation 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.
