Criminal law · For citizens
Men in plain clothes say "Police. Open up."
In short
Your home's privacy is protected by Article 14 of the Constitution, subject to law. A police search without a warrant needs written grounds first (s.165 CrPC), two or more respectable locals as witnesses (s.103 CrPC), a signed list of what is taken, and a copy of the grounds sent to the Magistrate.
By the FAI Legal editorial desk · 14 November 2026 · 12 slides · 2 min read
Ask first. Your home has rights.
Privacy of home, subject to law. Constitution, Article 14.
“The dignity of man and, subject to law, the privacy of home, shall be inviolable.”
Constitution of Pakistan · Article 14(1), Inviolability of dignity of man, etc.
No warrant? Grounds in writing.
CrPC section 165: a search by the police.
“... 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.”
Code of Criminal Procedure · Section 165(1), Search by police-officer
Who can search?
Not just anyone who says "police".
- The officerIn charge of the police station, or the one investigating the case.
- WhereWithin the limits of his own police station.
- In personIf practicable he searches himself. If not, a written order to a junior (s.165(2), (3)).
Neighbours must watch.
Section 103: two or more respectable people of the area.
- BeforeThe officer calls two or more respectable locals to witness.
- DuringYou, or someone for you, may stay and watch.
- AfterA list of everything taken, signed by the witnesses. You can ask for a copy.
Quick quiz. Who must be there?
Guess first, then swipe for the answer.
- A. Only police officers
- B. Two or more respectable locals
- C. Nobody, if it is urgent
Answer: B. Locals, not only police.
Gilgit-Baltistan Chief Court, Crl. Appeal 11 of 2016, 29 Aug 2016.
- The raidA house entered in the owner's absence, without a search warrant.
- The witnessesNo locals, though they were available.
- The rulingThe recovery was a nullity. The conviction was quashed.
Courts keep saying it.
Skipping local witnesses weakens the case.
- Peshawar High CourtCrl. Revision 19 of 2011, 20 Jun 2011: no effort to bring a local witness. The accused was acquitted.
- Federal Shariat CourtCrl. Appeal 01-K of 2025, 10 Feb 2026: with prior information, leaving out independent witnesses made the recovery doubtful.
Myth or fact?
What people think at the door.
- Myth: If they say "police", the law has no rules for them.
- Fact: The law sets rules: written grounds, local witnesses, a list of what is taken, a copy to the Magistrate.
Save this. 4 questions at the door.
Stay calm. Do not resist. Note names and times.
- Which police station?And the officer's name.
- Which case?The FIR or the case under investigation.
- Where are the written grounds?Section 165 needs them before the search.
- Who are the witnesses?Section 103: two or more respectable locals.
It happened at your home?
Ask FAI for the sections and the judgments.
- Police searched my house at night with no local witness. Is that legal?
- How do I get a copy of the search grounds from the Magistrate?
Example questions
Sources
- Constitution of Pakistan · Article 14(1)
Inviolability of dignity of man, etc. Pakistan Code - Code of Criminal Procedure · Section 165(1)
Search by police-officer
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. How we check.
