Section-165(5) of the Code of Criminal Procedure, 1898
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
Search
by police-officer
165.(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:
Provided that no such
officer shall search, or cause search to be made, for anything which is in the
custody of a bank or banker as defined in the Bankers' Books Evidence Act, 1891
(XVIII of 1891), and relates, or might disclose any information which relates,
to the bank account of any person except,-
(a) for the purpose of
investigating an offence under sections 403, 406, 408 and 409 and section 421
to 424 both inclusive and sections 465 to 477A (both inclusive) of the Penal
Code with the prior permission in writing of a Sessions Judge; and
(b) in other cases, with
the prior permission in writing of the High Court Division.
(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 102 and section 103 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
with a copy of the same by the Magistrate:
Provided that he shall
pay for the same unless the Magistrate for some special reason thinks fit to
furnish it free of cost.
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