Legal provisions regarding police search during investigation under section 165 of the Code of Criminal Procedure, 1973.
(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.
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(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.
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To prevent the abuse of police and to restraint the police power, the foil»; wing provisions have been made:
(i) The power to search without a warrant can be exercised only by a police officer in charge of a police station or any officer authorized is: investigate into that offence. Such a police officer may require a subordinate officer to conduct the search under certain circumstances.
(ii) The search is not to be a general search but must be one for particular thing.
(iii) The place of search must be within the limits of the police station of which the officer is in charge.
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(iv) The police officer making the search must have reasonable grounds for believing the necessity of immediate search of the place.
(v) A police officer before proceeding to search a place must record the ground of his belief as to the necessity of such a search and must also specify in such a record the things for which the search is to be conducted.
(vi) The copies of record made prior to the search are required to be sent forthwith to the nearest magistrate.
(vii) The police officer, as far as possible, has to conduct the search in person.
(viii) The provisions relating to search-warrant and the general provisions as to search shall be applied in the search made by a police officer without warrant.