CrPC Section 165 – Search By Police Officer

Section 165 of the CrPC permits police officers to conduct searches without a warrant under particular circumstances. The power provided by this Section is crucial for effective law enforcement and is subject to safeguarding individual rights. The article talks about the nuances of Section 165, outlining its provisions, limitations, and the procedures that must be followed.

Understanding Search Powers Under CrPC Section 165

The Code of Criminal Procedure (CrPC) in India is an important statute related to the enforcement of criminal charges. The most important part of any investigation is gathering evidence. Under certain circumstances, police officers have the right to conduct searches under CrPC Section 165.

This section gives the police the right to conduct searches in certain situations. But it is not a free pass. However, the limitations and safeguards the law imposes on these searches ensure that they are done lawfully without invading individual rights.

When Can A Police Officer Conduct A Search Under CrPC Section 165?

Section 165 gives police officers the right to conduct searches under specific circumstances:

Reasonable Grounds For Belief

The officer must have a reasonable belief that the place of the search may yield evidence relating to a relevant offence for which he has the power to investigate or something that he may be compelled to produce to the parties involved in the investigation. This belief cannot be any; it must be based on concrete information.

Jurisdiction

The place covered by such a search should be within the limits of the police station or police office to which the officer is posted or attached.

Undue Delay

The officer should not obtain evidence by other means, which may cause undue delay in the investigation. This may be perishable evidence or evidence that has been concealed or destroyed.

The details of the two subsections of CrPC Section 165 are as follows:

Subsection (1)

If the conditions given above exist, this subsection empowers the officer in charge of the police station or a police officer above the rank of sub-inspector, who is investigating the offence, to search within his jurisdiction.

Subsection (2)

This subsection allows the officer in charge of a police station to request a search in another police station's jurisdiction if there's reason to believe evidence might be concealed or destroyed due to delay. However, this can only be done if obtaining a search warrant would cause such a delay.

Key Aspects Of CrPC Section 165

Here is a description of the key aspects of CrPC Section 165:

Who Can Conduct A Search?

A search can only be conducted by the officer in charge of the police station or a police officer of the rank above the sub-inspector engaged in the investigation.

Recording Reasons

Before starting the search, the officer must record the reasons for their belief that evidence exists and what they are looking for. This record is extremely important as the first line of defense against arbitrary interrogation.

Conducting The Search

If possible, the officer should personally conduct the search. But if they do not (because they cannot), they can delegate the task to a subordinate officer with a written record explaining the task assigned.

Search Warrant Provisions Apply

Apart from CrPC section 165, the general provisions relating to searches under section 100 of CrPC still apply. These provisions include recommendations about conducting searches with minimal impact on the safety of occupants.

Magistrate Information

The record made under Section 165 must be immediately copied and sent to the nearest Magistrate authorized to take cognizance of the offence.

Right Of The Occupant To Receive A Copy

The Magistrate must supply a free copy of the record to the owner or occupier of the premises searched.

What Procedures Must be Followed During A Search Under CrPC Section 165?

Section 165 mentions specific procedures that police officers must follow while conducting a search:

Recording The Grounds In Writing

If the officer is going to conduct a search, before that the officer must record the grounds in writing for the belief. There should be details of the crime under investigation, the reason for believing that evidence exists at the place of search, and the urgent need to find it.

Specificity

The officer should, as far as possible, inform them what kind of evidence he is looking for. This is a way of preventing the search from being too invasive.

Carrying Out The Search

If possible, the officer should carry out the search himself. But if they cannot do so, they can delegate it to a lower-ranking officer and record in writing why they did so.

Search Warrant Provisions

While a search warrant is not mandatory under Section 165, the provisions of the CrPC relating to search warrants and normal search procedures (Section 100) apply as far as possible. This prevents arbitrary searches of anything and provides some control.

Search Witness

If it is private property, it is good practice for the officer to have someone along when the search is being conducted. This can be a witness or another police officer.

Search Memo

When the search is completed, the officer has to prepare a search memo, which includes the date, time, and place of the search, the reason for the search, the kind of evidence being searched for, and what was found or seized in the search.

When Can A Search Be Conducted Outside The Jurisdiction?

A search outside the normal jurisdiction of the officer may sometimes be necessary. Section 165 of the CrPC provides two scenarios:

Requesting A Search from Another Police Station

The investigating officer takes action under Section 165 if he believes that the evidence is there and is within the limits of another police station.

Emergency Situations

If the investigating officer suspects that delay in requesting a search from another police station may lead to destruction or concealment of evidence, he can conduct the search himself, as if it were within his jurisdiction. But he has to write why it is being done.

Obligations After A Search Under CrPC Section 165

After a search conducted under Section 165, the officer has specific obligations:

Sending Copies Of Records

The nearest Magistrate authorized to take cognizance of the offence must immediately be sent copies of the record made under sub-sections (1) and (3) of Section 165, i.e., the reasons for which the search was conducted and copies of the things seized.

Providing Copies To Owner/Occupier

The Magistrate must, on the request of the owner or occupier of the premises searched, supply a free copy of the search record to the owner or occupier.

Comparison With BNSS Section 185: Search By Police Officer

The Indian Civil Security Code (BNGSS), enacted in 2023, is a separate law related to national security. BNSS Section 185 does not address searches during criminal investigations.

However, under certain circumstances, police officers may conduct searches for the purpose of preventing terrorist acts or apprehending those participating in them.

Challenges In The Implementation Of Section 165

Whenever Police officers conduct a search under Section 165, they face many challenges.

Abuse Of Power

There are times when the police misuse their authority despite the safeguards.

Lack Of Resources

Lack of adequate technology or training may thwart the implementation of the measures prescribed in the enhanced provisions of BNSS Section 185.

Judicial Delay

Delays in judicial scrutiny of search reports may impact the contemporaneous prosecution of cases.

Conclusion

Section 165 of the CrPC provides a much-needed mechanism for timely investigation in situations where obtaining a search warrant may cause undue delay and further result in concealment of evidence. The provision also outlines equally important procedures and safeguards. Strict adherence to these provisions is essential to prevent abuse of power and protect individual rights.

FAQs

A few FAQs based on Section 165 of the CrPC are:

Q1. When can a police officer conduct a search under Section 165 of CrPC?

Whenever a police officer has reasonable grounds to believe evidence regarding an offence is present and obtaining warrant may cause unreasonable delay, they can conduct search as per Section 165 of the CrPC.

Q2. Is a search warrant required under Section 165 of CrPC?

No, a search warrant is not needed as per Section 165 of the CrPC. This Section grants permit to conduct searches without a warrant in situations where obtaining warrant would cause unnecessary delay in investigations.

Q3. What happens after a search under Section 165 of CrPC is conducted?

The police officer is required to send copies of the record of reasons and the list of seized articles to the nearest Magistrate, and provide a copy to the owner/occupier of the searched premises.