Section 186 BNSS: When officer in charge of police station may require another to issue search-warrant (Formerly Section 166 CrPC)

Section 186 of Bharatiya Nagarik Suraksha Sanhita, 2023: When officer in charge of police station may require another to issue search-warrant

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station.

(2) Such officer, on being so required, shall proceed according to the provisions of section 185, and shall forward the thing found, if any, to the officer at whose request the search was made.

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of section 185, as if such place were within the limits of his own police station.

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of section 185.

(5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under sub-section (4).

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Investigation Sec 2(1)(h) Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 186

Section 186 regulates the procedure when an officer in charge of a police station or investigating officer requires another officer in charge of a police station in another district or jurisdiction to cause a search to be made.

Inter-Station Search Requisition: Investigating officer requires a search of premises in another police station's jurisdiction.
Issuance of Requisition: Requisition sent to the SHO of the other station specifying the place and things sought.
Urgency Exception: Investigating officer may conduct the search personally only if there is reason to believe that delay would result in destruction of evidence; must immediately send notice to local police.

Key Landmark Precedents:

State of Punjab v. Baldev Singh (1999) 6 SCC 172: The Supreme Court emphasised that inter-jurisdictional searches must strictly comply with statutory notice and recording requirements to prevent rogue police raids.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Reiterated the necessity of transparency and documentation in outside-jurisdiction police actions.

Courtroom Practice & Strategic Litigation Guidance:

Scrutinize the search memo. If visiting police raided commercial premises outside their district without sending a requisition to the local SHO or recording urgent reasons under Section 186(3), challenge the search as unauthorized.