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SEARCH DURING INVESTIGATION – SECTION 165 OF CR.P.C. DECODED

Section 165 Cr.P.C. deals with a situation the search by the Police Officer.

When an in charge of a Police Station or a Police Officer during an investigation has reason to believe that the required things for pursuing investigation into an offence is available at a place within his Station limit and in his opinion those things if not obtained immediately will jeopardize his investigation may record the same in writing and proceed with its search or direct others to do the search.

The IO, if practicable, must do the search on his own.

If he not, and if he could not find a competent person to do the search he can direct his subordinate officer to conduct the search. However, he must record the reasons for doing so and also pass an order in writing specifying the place of search and if possible the things required to be searched. The subordinate officer may get into search as he is instructed by the Officer.

This provision must be applied as much as possible in accordance with the recitals of Section 100 of Cr.P.C.

Copies of the records secured in the search must be sent to the concerned Magistrate. Should the owner / occupier of the searched place requires those copies and the same must be given to him free of cost by the Magistrate.

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