Whenever an officer in charge of 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. A police officer proceeding under Sub-Section (1), shall, if practicable, conduct the search in person. 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. 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. 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 to 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.
Code of Criminal Procedure, 1973
Section 165
Search by police officer
⚡ Quick Answer Reference: Section 165 CrPC
- Provision: Section 165 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
What does Section 165 of CrPC say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
Common Questions about Section 165 CrPC
What is Section 165 of CrPC?
Section 165 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Search by police officer". The section states: Whenever an officer in charge of police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an inve...
What is the punishment under Section 165 of CrPC?
Section 165 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 165 of CrPC bailable or non-bailable?
Whether Section 165 of CrPC is bailable or non-bailable depends on the schedule classification.
What replaced Section 165 of IPC in BNS?
Section 165 of the Indian Penal Code (IPC) was replaced by Section 185 of the Bharatiya Nyaya Sanhita (BNS) 2023. There was no material change in the provision.
✓ No material change in the provision.
View New Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 165 CrPC
Patnahcucisdb94 High Court (10 8)