Section 165 of CrPC : Section 165: Search By Police Officer

Explanation using Example

Imagine a scenario where a police officer is investigating a burglary. The officer receives a tip that the stolen items, which include expensive jewelry and electronics, are hidden in a local warehouse. The officer believes that this information is credible and that the recovery of these items is crucial for the case.

Acting under Section 165 of The Code of Criminal Procedure, 1973, the officer documents the reasons for this belief and details what specific items are being sought. With this written record, the officer proceeds to search the warehouse. If possible, the officer conducts the search personally to ensure it is carried out correctly.

If the officer is unable to search the warehouse personally, perhaps due to the need to maintain surveillance elsewhere, the officer can delegate the task to a subordinate. The officer would write down the reasons for not conducting the search and issue a written order to the subordinate, detailing the location and items to look for. The subordinate then carries out the search in the warehouse.

The search is conducted in accordance with the rules for search-warrants and general search procedures to ensure legality and thoroughness. After the search, the officer sends copies of the written record to the nearest Magistrate and provides a copy to the owner or occupier of the warehouse upon request, at no charge.