Question

As per the Criminal Procedure Code, during investigation a search can be conducted without warrant by

• A. Judicial officer
• B. Any Person
• C. The investigating officer
• D. Any police officer

Hint:

The power of search without a warrant under Section 165 CrPC is an exception to the general rule and is vested specifically with an investigating officer or an officer in charge of a police station. Remember the key condition: urgency and the risk of evidence being lost.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question is about the power to conduct a search without a warrant during the investigation phase of a criminal case, as provided under the Code of Criminal Procedure (CrPC).
Step 2: Key Formula or Approach:
The general rule is that a search of a place requires a search warrant issued by a court. However, the CrPC provides an important exception to this rule during an investigation to prevent the destruction or concealment of evidence.
The relevant provision is Section 165 of the CrPC.
Section 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... may be found in any place... and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may... search, or cause search to be made, for such thing in any place..."
Step 3: Detailed Explanation:
Section 165 specifically empowers either an officer in charge of a police station or an investigating officer to conduct a search without a warrant if they believe evidence might be lost by the time a warrant is obtained. The power is not given to "any police officer" (it's restricted) or "any person" or a "judicial officer" (who issues warrants, but doesn't conduct searches without them). Therefore, "The investigating officer" is the most accurate answer.
Step 4: Final Answer:
A search can be conducted without a warrant by The investigating officer.