SECTION 165 CrPC, 1973

165 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 authorized to investigate may be found in any place
with 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.
(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 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.
Key Takeaway
1) Confers power upon the Officer In Charge of a Police Station or the Investigating Officer to conduct a search without search warrant

2) Reasonable grounds for believing that:

(a) The thing necessary for the purpose of the investigation may be found in the place within the limits of the police station of which he is In
Charge of or attached to
(b) The thing necessary cannot be obtained without undue delay i.e., It wouldn’t be possible to recover or obtain the necessary thing within
time if ordinary procedure is followed (Written Order by Officer in Charge under Section 91 & then issuance of warrant under section 93 by
the magistrate)

“Reasonable Grounds for believing” as mentioned under section 165 different from “reasonable suspicion” as mentioned under section 41(1) (b)

Hence the discretionary power conferred under section 165 is qualified and not absolute

3) The search under this section must be for particular things, documents or specified materials necessary for the purposes of investigation.

This section does not allow a general search (Lal Mea vs Emperor AIR 1925 Cal 663)

4) Reasons to be recorded in Writing and the police officer to before-hand specify the description of the thing necessary for the purpose of
investigation (Protection against arbitrary searches)

5) The said Police Officer can conduct the search or cause the search to be made by any subordinate officer subject to sub-section (3)
(2) A police officer proceeding under sub- section (1), shall, if
practicable, conduct the search in person.
Key Takeaway
Directs the police officer to conduct the search in person, so far as is practicable

Satagopala vs Satruguna Behara (1912) 13 Cri LJ 161

Police officer remained outside the house while search was being made inside by a subordinate officer; search was held to
be a legal one.

-> Rule to be interpreted reasonably (R.V. Kelkar’s Criminal Procedure; EBC Publications)
(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.
Key Takeaway
1) Empowers the Officer In Charge of Police station or the Investigation Officer to delegate the power conferred upon them
by section 165.

2) Power to delegate arises when

a) The Police Officer authorized to make search under section 165 is unable conduct search in person
b) No other competent person to conduct the search is present

3) Reasons to be Recorded in writing for delegating the power

4) The Officer delegating the authority to conduct search under section 165 shall hand over a written order specifying the
place that is to be searched & description of the thing in respect of which the search is being conducted.

5) The Subordinate Officer can thereafter conduct search as per the directions given in such written order.
(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.
Key Takeaway

Whether a search is made under a warrant issued vide section 93, 94, 95 and 97 or without warrant as per section 103, 165
& 166 the provisions of section 100 have been made applicable.
(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.
Key Takeaway
1) Copy of any record made under sub-section (1) or sub-section (3) of section 165 shall be forthwith sent to the
magistrate who is empowered to take cognizance of the offence.

2) The section requires the magistrate to free of cost furnish to the occupier a copy of entire record so received by him

Since provisions of section 100 are applicable the police officer conducting the search is under an obligation to hand over
the copy of list prepared under the section to occupant of the place or to the person so nominated by him under sub-
section (6) of section 100.

This would provide the occupant with an ample opportunity to satisfy himself, as to the legality of the search made by the
Police Officer under section 165