Criminal Procedure Code 2010 · 2020 Revised Edition · Part 4 · Information to Police and Powers of Investigation
34. Search by police officer in arrestable case
Feedback & supportLast amended by an amending law of 2024. 2 amendments in all.
A police officer investigating an arrestable offence may, without a search warrant, search or cause a search to be made for a document or other thing in any place where he or she has reason to believe the document or thing is located if —
police officer
“police officer” has the meaning given by the Police Force Act 2004;
the police officer considers the document or thing to be necessary for his or her investigation and if the police officer has reason to believe that —
a person who has been or may be issued with an order under section 20(1) will not or is unlikely to produce the document or thing or give access to it as directed in the order; or
the document or thing is in the possession or power of a person who is reasonably suspected of having committed the arrestable offence;
the police officer has reason to believe that the document or thing, which he or she considers to be necessary for his or her investigation, is likely to be removed; or
it is not known who possesses the document or thing which he or she considers to be necessary for his or her investigation.Explanation 1.—If a police officer considers that a document connected to the work of a person (who is reasonably suspected of having committed an arrestable offence) is necessary for the police officer’s investigation and the police officer has reason to believe that the document is located in the person’s place of residence, the police officer may search that place if the police officer has reason to believe that the document is in the possession or power of the person.Explanation 2.—If a police officer considers that an item is necessary for the police officer’s investigation and the police officer has reason to believe that the item is located in the premises of a person where another person (A) (who is reasonably suspected of having committed an arrestable offence) is at, the police officer may search those premises if the police officer has reason to believe that the item is in the possession or power of A.Explanation 3.—If a police officer considers that a document is necessary for the police officer’s investigation and the police officer has reason to believe that the document is located in one or more places of residence and workplaces of a person (who is reasonably suspected of having committed an arrestable offence), the police officer may search all or any of those premises if the police officer has reason to believe that the document is in the possession or power of the person.
The police officer in subsection (1) must, if reasonably practicable, conduct the search in person.
A reference to a police officer in this section includes a reference to a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under the Police Force Act 2004 and the lawful directions of the police officer he or she assists.
forensic specialist
“forensic specialist” means a person appointed under section 65A of the Police Force Act 2004, or any other person who is authorised in writing by the Commissioner of Police for the purposes of this Division;
The provisions of this Code relating to searches pursuant to search warrants apply, with the necessary modifications, to a search made under this section.
Any person who obstructs the lawful exercise by a police officer of the power under subsection (1) shall be guilty of an offence and shall be liable on conviction —
in any case where the person is a body corporate, a limited liability partnership, a partnership or an unincorporated association — to a fine not exceeding $10,000; or
in any other case — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
An offence under subsection (4) is an arrestable offence.
arrestable offence
“arrestable offence” and “arrestable case” mean, respectively, an offence for which and a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under any other written law;