Code of Criminal Procedure, 1973 · Chapter XII: Information to the Police and Their Powers to Investigate
Section 165: Search by police officer
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 165
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ITC Limited v. State of Karnataka & Anr.
Whether the inspection and seizure conducted by Respondent No.2 u/s.15, Legal Metrology Act, 2009 without obtaining a prior warrant, was unlawful and violative of the principles of natural justice, thereby justifying…
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M/s Edelweiss Asset Reconstruction Limited v. Regional PF
Present appeal assails the correctness of the judgment of the High Court dismissing the writ petition filed by the appellant-EARC and further directing that the amount deposited, vide order dated 02.02.2023, be…
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Smt. Najmunisha v. The State of Gujarat
As per the prosecution, secret information was received by PW-2 (Intelligence Officer/Inspector) as to Accused No. 4 (husband of Accused No.1) carrying contraband from a particular route in an auto rickshaw. Said secret…
- Ranjan Kumar Chadha v. State of Himachal Pradesh
- The State of Gujarat Etc. v. Choodamani
- Association of Vasanth Apartments’ Owners v. V. Gopinath & Ors
- Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
- Nkgsb Cooperative Bank Limited v. Subir Chakravarty & Ors.
- Gautam Navlakha v. National Investigation Agency
- Tofan Singh v. State of Tamil Nadu
- State of Rajasthan v. Jag Raj Singh @ Hansa
- Union of India & Ors. v. M/S. Agarwal Iron Industries
- Thimmareddy & Ors. v. State of Karnataka
- Sushil Sharma v. The State of N.C.T. of Delhi
- Sidhartha Vashisht @ Manu Sharma v. State (Nct of Delhi)
- Hamidbhai Azambhai Malik v. State of Gujarat
- Suresh Nanda v. C.B.I
- Directorate of Revenue & Anr. v. Mohammed Nisar Holia
- Dilip and Anr. v. State of M.P.
- Commissioner, Sales Tax, U.P. v. M/S Mohan Brickfield, Agra
- State of Himachal Pradesh v. Pawan Kumar
- State of M.P. Through C.B.I. Etc. v. Paltan Mallah and Ors. Etc.
- Distt. Registrar & Collector, Hyderabad and Anr. v. Canara Bank Etc.
- Superintendent of Police, C.B.I. and Ors. v. Tapan Kr. Singh
- Bharatbhai Bhagwanjibhai v. State of Gujarat
- Dhananjaya Reddy Etc. v. State of Karn at Aka
- Lal Singh Etc. Etc v. State of Gujarat and Anr.
- Manish Dixit and Ors. v. State of Rajasthan
- The State of Punjab v. Baldev Singh
- Ronny@Ronald James Alwaris Etc. v. State of Maharashtra
- State of Himachal Pradesh v. Shri Pirthi Chand and Anr.