Section 186 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi
- (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 subsections (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).
Summary
- An investigating officer can request an officer from another police station to conduct a search on their behalf.
- The officer receiving the request must follow the search procedures outlined in section 185 and send any discovered items to the requesting officer.
- If waiting for another station would risk the destruction or concealment of evidence, an officer may conduct a search outside their own jurisdiction.
- Officers conducting searches outside their jurisdiction must notify the local police station and the nearest Magistrate, providing copies of relevant records and search lists.
- Owners or occupiers of searched premises are entitled to receive a free copy of the records sent to the Magistrate upon request.
Practical examples
FAQ
1. Can an officer search a location outside their own police station's limits?
Yes, if there is a risk that evidence might be destroyed or concealed while waiting for the local station to act, the officer may conduct the search themselves under section 185.
2. What must an officer do after conducting a search in another station's jurisdiction?
They must immediately notify the officer in charge of that local station, provide a copy of the search list prepared under section 103, and send copies of records to the nearest Magistrate.
3. Is the owner of a searched property entitled to documentation?
Yes, upon application, the owner or occupier of the searched place must be provided with a free copy of any record sent to the Magistrate.
4. What rank must an officer hold to request a search in another jurisdiction?
The officer must be the officer in charge of a police station or a police officer not below the rank of sub-inspector.
Test yourself
Q1.Under Section 186 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what can an officer in charge do if they need to search a place in another police station's limits?
Q2.Under Section 186 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when can an officer search a place outside their own station's limits without a request?
Q3.If an officer conducts a search in another station's area under Section 186 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who must they notify "forthwith"?
Q4.According to Section 186 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must be sent to the Magistrate after an emergency search in another jurisdiction?