Search by police officer
AI Assist
Summary
When an officer in charge or an investigating police officer reasonably believes evidence needed for an investigation is inside any place within his police station limits and cannot be obtained without undue delay, he may record the grounds in writing and search or cause a search for the specified thing. If practicable he should search in person; if not, after recording reasons he may give a written order to a subordinate to search. The usual rules for search-warrants and general search provisions apply, and copies of the written record must be sent to the nearest magistrate and supplied free to the owner or occupier on request.
Example
Ravi files an FIR saying his motorcycle was stolen and he believes it is hidden in a garage inside the same police station area. The investigating officer records in writing why he thinks the bike is there and what to search for, then searches the garage himself. If he could not be present, he would record reasons and give a written order to a subordinate to search; a copy of the record is sent to the nearest magistrate and the garage owner can get the copy free.
Bare Act
Enacted text(1) Whenever an officer in charge of 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 to 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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