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Search by Police Officer & if another police station to search || Section - 165 & 166 of CRPC

Автор: Vijay LLB

Загружено: 2022-07-14

Просмотров: 51

Описание: telegram join link - https://t.me/vijayllbtelegram
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 authorised 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.
(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.
166. When officer in charge of police station may require another to issue search-warrant.—(1) An officer
in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation
may require an officer in charge of another police station, whether in the same or a different district, to cause a
search to be made in any place, in any case in which the former officer might cause such search to be made, within
the limits of his own station.
(2) Such officer, on being so required, shall proceed according to the provisions of section 165, and shall
forward the thing found, if any, to the officer at whose request the search was made.
(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another
police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an
offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer
making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another
police station in accordance with the provisions of section 165, as if such place were within the limits of his own
police station.
(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer
in charge of the police station within the limits of which such place is situate, and shall also send with such notice a
copy of the list (if any) prepared under section 100, and shall also send to the nearest Magistrate empowered to take
cognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of section 165.
(5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of
any record sent to the Magistrate under sub-section (4).

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Search by Police Officer & if   another police station to search || Section - 165 & 166 of CRPC

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