What Is BNSS Section 186?

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

(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).

Brefe Detail

This section outlines the procedure for police officers regarding the issuance and execution of search warrants across police station jurisdictions. An officer in charge can request another officer to conduct a search and must follow specific protocols, especially when evidence may be at risk of being concealed. It also emphasizes the rights of the owner or occupier to receive copies of records related to the search.

Question & Answers

Who can request another police officer to issue a search warrant?

An officer in charge of a police station or a police officer not below the rank of sub-inspector may request another officer to cause a search.

What should the officer do after conducting a search upon request?

The officer must forward any findings to the requesting officer.

What can an officer do if there's a risk of evidence being concealed or destroyed?

The officer can conduct a search in another police station’s jurisdiction as if it were within their own limits.

What records must be sent after a search is conducted?

The officer must send a notice of the search and any relevant records to the nearest Magistrate.

Are the owners of searched places entitled to any documents?

Yes, the owner or occupier can request a copy of any record sent to the Magistrate.

Example

Scenario: Officer A from Police Station 1 suspects evidence of a crime may be found in a location under Police Station 2. Officer A requests Officer B from Police Station 2 to conduct the search.

Outcome: Officer B conducts the search, finds evidence, and sends the findings to Officer A while also notifying the relevant Magistrate.

Summary

Section 186 establishes the authority and responsibilities of police officers regarding search warrants across different jurisdictions. It ensures that procedures are followed to prevent the destruction of evidence while safeguarding the rights of individuals whose properties are searched.