What is Search by police officer? When officer in charge of police station may require another to issue search warrant? Section 165 and 166 of Code of Criminal Procedure 1973

 

 

Search by police officer, When officer in charge of police station may require another to issue search warrant are defined under Section 165 and 166 of CRPC 1973. Provisions under these sections are:

 

 Section 165 of CRPC "Search by police officer"

(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.

Section 166 of CRPC "When officer in charge of police station may require another to issue search warrant"
(1) An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station.

(2) Such officer, on being so required, shall proceed according to the provisions of section 165, and shall forward the thing found, if any, to the officer at whose request the search was made.

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in-charge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in-charge of a police station or a police officer making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of section 165, as if such place were within the limits of his own police station.

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 100, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of section 165.

(5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under sub-section (4).

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

What is Information in cognizable cases? What is Information as to non-cognizable cases and investigation of such cases? Section 154 and 155 of Code of Criminal Procedure 1973

What is Police officers power to investigate cognizable case? Procedure for investigation? Report how submitted? Power to hold investigation or preliminary inquiry? Section 156, 157, 158 and 159 of Code of Criminal Procedure 1973

Section 160 of Code of Criminal Procedure What is Police Officer's Power to summon witnesses under?.  What are the conditions to issue Summon under section 160 of CRPC? What is the punishment for non Compliance of Summon Section 160 Summon?

Section 161 of Code of Criminal Procedure 1073 What is Examination of Witness by Police?.  What are the conditions for examinations of Witnesses by Police?

Section 162 of Code of Criminal Procedure Is statement to Police to be signed?. Statements of Police not to be signed

What is the meaning of No inducement to be offered? What is the procedure for Recording of confessions and statements? Section 163 and 164 of Code of Criminal Procedure 1973

What is the meaning of No inducement to be offered? What is the procedure for Recording of confessions and statements? Section 163 and 164 of Code of Criminal Procedure 1973

What is Search by police officer? When officer in charge of police station may require another to issue search warrant? Section 165 and 166 of Code of Criminal Procedure 1973

What is Procedure when investigation cannot be completed in twenty four hours? Section 167 of Code of Criminal Procedure 1973

What is Report of investigation by subordinate police officer? What is Release of accused when evidence deficient? What are the Cases to be sent to Magistrate when evidence is sufficient? Section 168, 169 and 170 of Code of Criminal Procedure 1973

Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. What is Diary of proceedings in investigation? Section 171 and 172 of Code of Criminal Procedure 1973

What is Report of police officer on completion of investigation? Section 173 of Code of Criminal Procedure 1973

Police to enquire and report on suicide, etc? Section 174 of Code of Criminal Procedure 1973

What is Power to summon persons? What is Inquiry by Magistrate into cause of death? Section 175 and 176 of Code of Criminal Procedure 1973

 
 

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