THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
165. Search by police-officer. (1) Whenever an officer incharge of a police station or a police-officer making an investigation has reasonable grounds for believing that anything necessary for the purpose of an investigation into any offence which he is authorized to investigate may be found in any place within the limits of the police-station of which he is incharge, 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:
[1][Provided that no
such officer shall search, or cause search to be made, for anything which is in
custody of a bank or banker as defined in the Bankers’ Books Evidence Act, 1891
(XVIII of 1891) and relates, or might disclose any information which relates,
to the bank account of any person except,--
(a) for
the purpose of investigating an offence under Sections 403, 406, 408 and 409
and Sections 412 to 424 (both inclusive) and Sections 465 to 477-A (both
inclusive) of the Pakistan Penal Code, with the prior permission in writing of
a Sessions Judge; and
(b) in
other cases, with the prior permission in writing of the High Court.]
(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 things in such place.
(4) The
provisions of this Code as to search-warrants and the general provisions as to
searches contained in Section 102 and 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 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
with a copy of the same by the Magistrate:
Provided that he shall pay for the same
unless the Magistrate for some special reason thinks fit to furnish it free of
cost.
[2][Provided that no such
officer shall search, or cause a search to be made, for anything which is in
the custody of a bank or a banker as defined in the Bankers’ Books Evidence
Act, 1891 (XVIII of 1891) and relates, or might disclose any information which
relates, to the bank account of any person except with the prior permission in
writing of the High Court or the Sessions Judge within whose jurisdiction such
bank or banker, as the case may be, is situated or carries on business.]