Section 165 CrPC: Search by police officer

Code of Criminal Procedure, 1973

Section 165 CrPC at a Glance

Section 165 CrPC deals with search by police officer. From 1 July 2024 it is replaced by Section 185 BNSS.

Now BNSS

Section 185 →

What Section 165 CrPC Says

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.

Source: Section 165, Code of Criminal Procedure, 1973

Section 165 CrPC in Simple Words

Section 165 of the Code of Criminal Procedure, 1973 lets an officer in charge of a police station, or a police officer making an investigation, search a place within the limits of the police station when the officer has reasonable grounds for believing that anything necessary for the purposes of an investigation may be found there and cannot in the officer's opinion be otherwise obtained without undue delay.

The officer first records in writing the grounds of belief.

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.

When Section 165 CrPC Applies

  • 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.
  • Section 165(2) CrPC provides that a police officer proceeding under Section 165(1) CrPC shall, if practicable, conduct the search in person.
  • 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.
  • 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.
  • 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.

Time Limits Under Section 165 CrPC

  • 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”

Example of Section 165 CrPC

Inspector Rajesh, the officer in charge of a police station, is investigating an offence that Rajesh is authorised to investigate. Under Section 165(1) CrPC, Rajesh has reasonable grounds for believing that a ledger necessary for the investigation may be found in Vikram's shop within the limits of the police station, and that the ledger cannot in Rajesh's opinion be otherwise obtained without undue delay. Rajesh records in writing the grounds of belief and specifies the ledger, then searches the shop in person under Section 165(2) CrPC. Copies of the record are forthwith sent to the nearest Magistrate empowered to take cognizance of the offence, and Vikram, as occupier of the shop, is on application furnished with a copy free of cost by the Magistrate.

When Section 165 CrPC Does Not Apply

  • Section 165 CrPC speaks of a search by a police officer. It does not deal with when a search-warrant may be issued, which is the subject of Section 93 CrPC.
  • Section 165(1) CrPC speaks of a place within the limits of the police station of which the officer is in charge, or to which the officer is attached. It does not deal with the case where an officer in charge of a police station requires another to issue a search-warrant, which is the subject of Section 166 CrPC.

Section 165 CrPC Under BNSS 185: What Changed

Section 165 CrPC is now covered under Section 185 BNSS.

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.

View detailed comparison (CrPC 165 vs BNSS 185) →

FAQs on Section 165 CrPC

What must a police officer record in writing before conducting a search under Section 165 CrPC?▼

Under Section 165(1) CrPC, the officer must record in writing the grounds of the officer's belief, and specify in such writing, so far as possible, the thing for which search is to be made. The belief is that anything necessary for the purposes of an investigation into any offence which the officer is authorised to investigate may be found in the place, and that such thing cannot in the officer's opinion be otherwise obtained without undue delay.

When can a police officer require a subordinate officer to make a search under Section 165 CrPC?▼

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 then, 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, specifying the place to be searched and, so far as possible, the thing for which search is to be made. Section 165(2) CrPC provides that the search shall, if practicable, be conducted in person.

Can the owner or occupier of a searched place get a copy of the record under Section 165 CrPC?▼

Yes. 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. 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.

Where is Section 165 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 165 of the Code of Criminal Procedure, 1973 is found in Section 185 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 165(1) CrPC is found in Section 185(1) BNSS, Section 165(2) CrPC in Section 185(2) BNSS, Section 165(3) CrPC in Section 185(3) BNSS, Section 165(4) CrPC in Section 185(4) BNSS and Section 165(5) CrPC in Section 185(5) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·