CrPC 165→BNSS 185

CrPC 165 to BNSS 185: Search by police officer

Section 165 CrPC (1973) replaced by Section 185 BNSS (2023)

View CrPC Section 165 →View BNSS Section 185 →

CrPC 165 to BNSS 185 at a Glance

Section 165 CrPC (Search by police officer) is now Section 185 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 165 to BNSS 185?

Section 165 of the Code of Criminal Procedure, 1973 became Section 185 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading, Search by police officer. Section 185(1) BNSS adds the words in the case-diary. Section 185(2) BNSS adds a proviso that the search shall be recorded through audio-video electronic means preferably by mobile phone. Section 185(4) BNSS refers to the Sanhita and to Section 103 BNSS where Section 165(4) CrPC referred to the Code and to Section 100 CrPC. Section 185(5) BNSS adds the words but not later than forty-eight hours after forthwith. Section 185(3) BNSS has the same text as Section 165(3) CrPC.

CrPC 165 vs BNSS 185: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section165185
HeadingSearch by police officerSame
Sub-sections5 sub-sectionsSame
Cross-referencess.100s.103

CrPC 165 and BNSS 185: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 165, CrPC 1973

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.
BNSS 2023 (in force)

Section 185, BNSS 2023

185. 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 in the case-diary 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: Provided that the search conducted under this section shall be recorded through audio-video electronic means preferably by mobile phone. (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 Sanhita as to search-warrants and the general provisions as to searches contained in 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, but not later than forty-eight hours, 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.

When It Applies: CrPC 165 vs BNSS 185

Under CrPC 165
  1. Under Section 165(1) CrPC, an officer in charge of a police station or a police officer making an investigation may search, or cause search to be made, in a place within the limits of the police station, after recording in writing the grounds of belief.
  2. Section 165(2) CrPC provides that a police officer proceeding under Section 165(1) CrPC shall, if practicable, conduct the search in person.
  3. Under Section 165(3) CrPC, when the officer is unable to conduct the search in person and there is no other person competent to make the search present at the time, the officer may, after recording in writing the reasons, require any officer subordinate to the officer to make the search, and shall deliver to that subordinate officer an order in writing.
  4. Under Section 165(4) CrPC, the provisions of the Code as to search-warrants and the general provisions as to searches contained in Section 100 CrPC shall, so far as may be, apply to a search made under Section 165 CrPC.
  5. Under Section 165(5) CrPC, the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the record by the Magistrate.
Under BNSS 185
  1. Under Section 185(1) BNSS, an officer in charge of a police station or a police officer making an investigation may search, or cause search to be made, in a place within the limits of the police station, after recording in writing the grounds of belief in the case-diary.
  2. Section 185(2) BNSS provides that a police officer proceeding under Section 185(1) BNSS shall, if practicable, conduct the search in person. The proviso to Section 185(2) BNSS provides that the search conducted under Section 185 BNSS shall be recorded through audio-video electronic means preferably by mobile phone.
  3. Under Section 185(3) BNSS, when the officer is unable to conduct the search in person and there is no other person competent to make the search present at the time, the officer may, after recording in writing the reasons, require any officer subordinate to the officer to make the search, and shall deliver to that subordinate officer an order in writing.
  4. Under Section 185(4) BNSS, the provisions of the Sanhita as to search-warrants and the general provisions as to searches contained in Section 103 BNSS shall, so far as may be, apply to a search made under Section 185 BNSS.
  5. Under Section 185(5) BNSS, the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the record by the Magistrate.

Time Limits: CrPC 165 to BNSS 185

Under CrPC 165
  • Under Section 165(5) CrPC, copies of any record made under Section 165(1) CrPC or Section 165(3) CrPC shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence.Act text: “Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest Magistrate”
Under BNSS 185
  • Under Section 185(5) BNSS, copies of any record made under Section 185(1) BNSS or Section 185(3) BNSS shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence.Act text: “Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later than forty-eight hours, be sent”

What CrPC 165 to BNSS 185 Means in Practice

From 1 July 2024, Section 185(1) BNSS has the grounds of belief recorded in writing in the case-diary. Under the proviso to Section 185(2) BNSS, the search conducted under Section 185 BNSS shall be recorded through audio-video electronic means preferably by mobile phone. Under Section 185(5) BNSS, copies of any record made under Section 185(1) BNSS or Section 185(3) BNSS shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence.

FAQs: CrPC 165 to BNSS 185

How did the recording of the grounds of belief change between Section 165 CrPC and Section 185 BNSS?▼

Section 165(1) CrPC read after recording in writing the grounds of his belief. From 1 July 2024, Section 185(1) BNSS reads after recording in writing the grounds of his belief in the case-diary. Both provisions refer to specifying in such writing, so far as possible, the thing for which search is to be made.

Did Section 165 CrPC have a proviso on audio-video recording of a search like Section 185(2) BNSS?▼

Section 165(2) CrPC has no proviso. From 1 July 2024, Section 185(2) BNSS adds a proviso that the search conducted under Section 185 BNSS shall be recorded through audio-video electronic means preferably by mobile phone. Section 165(2) CrPC and Section 185(2) BNSS both provide that a police officer proceeding under Section 165(1) CrPC or Section 185(1) BNSS shall, if practicable, conduct the search in person.

What changed in the time for sending search records to the Magistrate from Section 165(5) CrPC to Section 185(5) BNSS?▼

Section 165(5) CrPC read that copies of any record made under Section 165(1) CrPC or Section 165(3) CrPC shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence. From 1 July 2024, Section 185(5) BNSS reads that copies shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate. Both provide that the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy by the Magistrate.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·