# A house search has rules. > Written grounds first, two local witnesses, a signed list of what was taken, and only a woman may search a woman. - Topic: Criminal law - For: Citizens - A 11-slide carousel: https://failegal.site/media/a-house-search-has-rules - Published by FAI Legal on 2026-10-10 ## Myth or fact? What a raid feels like. - **Myth: Police can search a house any way they like.** - **Fact: The officer must record his grounds in writing first (s.165(1)) and call two local witnesses (s.103(1)).** ## Two witnesses. From your own mohalla. > "Before making a search … the officer … shall call upon two or more respectable inhabitants of the locality in which the place to be searched is situate to attend and witness the search … The search shall be made in their presence, and a list of all things seized … shall be prepared by such officer … signed by such witnesses" (Code of Criminal Procedure, 1898 · Section 103(1)-(2)) ## What you can ask for. Three things, every time. - **To be there** The occupant, or someone for him, shall be permitted to attend (s.103(3)). - **The seizure list** A copy, signed by the witnesses, on request (s.103(3)). - **The written grounds** A copy from the Magistrate, on application (s.165(5)). ## Quick quiz. Women at home. Guess first, then swipe for the answer. - **A. Any police officer** - **B. Another woman, with decency** - **C. Nobody, ever** ## Answer: B. Only a woman. Section 52, CrPC. > "Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency." (Code of Criminal Procedure, 1898 · Section 52) ## The women's rooms. When police force entry to arrest. - **Notice first** If a woman who by custom does not appear in public occupies the room, police must tell her she is free to withdraw (s.48 proviso). - **Time to leave** And give her every reasonable facility to withdraw, before entering (s.48 proviso). ## Search day, step by step. Sections 165 and 103. - **Grounds in writing** Recorded before the search; a copy goes to the Magistrate (s.165(1), (5)). - **Two local witnesses** Called before, present during (s.103(1)-(2)). - **List signed** Things seized and where found, signed by the witnesses; your copy on request (s.103(2)-(3)). ## Two more surprises. Most people never hear these. - **Your bank records** Police cannot search bank records without written permission of a Sessions Judge or the High Court (s.165(1) proviso). - **Neighbours called** Refusing to witness, without reasonable cause, when ordered in writing, is an offence (s.103(5)). ## Raid at your house? Ask FAI in your own words. It answers with the exact section and the judgments on illegal searches. - **Police searched my house at night without any witnesses. What can I do?** - **What is the effect of a recovery made without section 103 CrPC witnesses?** ## What this does not mean - These rules do not stop police from searching. They set the conditions, such as written grounds first (s.165(1)) and two local witnesses (s.103(1)). - The rule on the rooms of women in s.48 is about police forcing entry to arrest, and covers a woman who by custom does not appear in public. - The copy of the written grounds comes from the Magistrate on application (s.165(5)), not from the officer at the door. ## Questions people ask ### Can police search my house without witnesses in Pakistan? No. Before the search the officer must call two or more respectable inhabitants of the locality, make the search in their presence, and prepare a list of things seized signed by them (CrPC s.103(1)-(2)). ### Can a male police officer search a woman? No. When a woman must be searched, the search shall be made by another woman, with strict regard to decency (s.52). ### What can I ask for during a police search of my house? The occupant, or someone for him, may attend the search, and gets a copy of the seizure list signed by the witnesses on request (s.103(3)). A copy of the written grounds can be had from the Magistrate on application (s.165(5)). ### Can police check my bank records without permission? No. Police cannot search bank records without written permission of a Sessions Judge or the High Court (s.165(1) proviso). ### Can a neighbour refuse to be a search witness? Refusing without reasonable cause, when ordered in writing, is an offence (s.103(5)). ## Sources - Code of Criminal Procedure, 1898 · Section 103(1)-(2): Search to be made in presence of witnesses - Code of Criminal Procedure, 1898 · Section 52: Mode of searching women --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.