(6) The registered medical practitioner shall, without delay, forward the report to the investigation
officer who shall forward it to the Magistrate along with other requirements as specified under clause (a) of
subsection (1) of section 173.
(7) Nothing in this section shall be construed as rendering lawful any examination without consent of the
victim or of any person authorized under subsection (4).
Explanation.__ In this section, "registered medical practitioner"means a medical practitioner who
possesses any qualification recognized as such under the Pakistan Medical and Dental Council Ordinance,
1962 (XXXII of 1962) and whose name has accordingly been entered in the Register maintained in this
behalf under the said Ordinance and has been authorized by the Government to conduct such examination.
164B. DNA test.__ (1) Where an offence under section 376, section 377 or section 377B of the Pakistan
Penal Code, 1860 (XLV of 1860) is committed or attempted to have been committed or is alleged to have
been committed, Deoxyribo Nucleic Acid (DNA) samples, where practicable, shall be collected from the
victim with his or her consent or with the consent of his or her natural or legal guardian and the accused
during the medical examination conducted under section 164A within optimal time period of receiving
information relating to commission of such offence.
(2) The DNA sample collected under subsection (1) shall at the earliest be sent for investigation to a
forensic laboratory where these shall be properly examined and preserved:
Provided that confidentiality of such examination shall at all times be observed.].
165. Search by policeofficer.__1[(1) Whenever an officer in charge of a policestation or a police
officer making an investigation has reasonable grounds for believing that anything necessary for the
purposes of an investigation into any offence which he is authorised to investigate may be found in any
place within the limits of the policestation of which he is in charge, or to which he is attached, and that such
thing cannot in his opinion be otherwise obtained without undue delay, 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.[:]2
3[Provided that no such officer shall search, or cause search to be made, for anything which is in the
custody of a bank or banker as defined in the Bankers' Books Evidence Act, 1891 (XVIII of 1891) and
relates, or might disclose any information which relates, to the bank account of any person except,__
(a) for the purpose of investigating an offence under sections 403, 406, 408 and 409 and sections
421 to 424 (both inclusive) and sections 465 to 477A (both inclusive) of the Pakistan Penal
Code, with the prior permission in writing of a Sessions Judge; and
(b) in other cases, with the prior permission in writing of the High Court.]
(2) A policeofficer proceeding under subsection (1) shall, if practicable, conduct the search in person.]
(3) If he is unable to conduct the search in person, and there is no other person competent to make the
search present at the time, he may 4[after recording in writing his reasons for so doing] require any officer
subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing
5[specifying the place to be searched and, so far as possible, the thing for which search is to be made]; and
such subordinate officer may thereupon search for such thing in such place.
1 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 36, for the original subsections (1) and (2).
2 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1968 (3 of 1968), s. 3, for fullstop (w.e.f. 21.5.68).
3 Proviso added ibid.
4 Ins., by Act, 18 of 1923, s. 36.
5 Subs. ibid., for “specifying the document or thing for which search is to be made and the place to be searched”.
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