THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 419
Section 164
Any Presidency Magistrate, Magistrate 1st class and Magistrate of the Second class especially empowered may, if he is not a police officer
record any statement or confession made to him in the course of an investigation under this chapter.
Statement shall be recorded in a manner prescribed for recording evidence.
Confession is to be recorded in the manner provided for in Section 364.
Provided that the Magistrate, before recording such confession, shall explain to the accused that he is not bound to make it and if he does so it may be used as evidence against him.
No Magistrate shall record, unless he has reason to believe, that it is made voluntarily.
On recording confession, Magistrate shall make a memorandum at the foot showing that he has observed the conditions.
Search
Section 165
(1) In the course of his investigation, a police officer may find it necessary to make a search in any place.
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 that station in his charge.
(2) The police officer shall, as far as possible, conduct the search in person.
(3) He may authorize his subordinate after recording reasons in writing and specifying the place and thing to be searched.
(4) The provisions of the Code, as to search warrants and the general provisions as to searches contained in Section 102 and Section 103, shall apply.
(5) Copies of record made during search shall be sent to the nearest Magistrate and the owner or occupier of the place of search shall be given a copy of the record on payment of fees.