Section 186 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 186 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 186 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for a police officer in charge of a police station to request another officer to issue a search warrant. This provision facilitates inter-jurisdictional cooperation in criminal investigations.
📜 Text of Section 186
186. When officer in charge of police station may require another to issue search-warrant
Request for Search by Another Officer:
An officer in charge of a police station or a police officer not below the rank of sub-inspector, conducting an investigation, may request 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 where the former officer could conduct such a search within their own station's limits.
Procedure for Requested Officer:
Upon receiving such a request, the officer must proceed according to the provisions of Section 185 and forward any items found during the search to the requesting officer.
Urgent Search Without Request:
If there is reason to believe that waiting for another officer to conduct the search might result in the evidence being concealed or destroyed, the requesting officer is authorized to search or cause a search in the other police station's jurisdiction as if it were within their own, following the provisions of Section 185.
Notification After Urgent Search:
An officer conducting a search under subsection (3) must promptly inform the officer in charge of the relevant police station and send a copy of the list prepared under Section 103, if any. Additionally, copies of records referred to in subsections (1) and (3) of Section 185 must be sent to the nearest Magistrate empowered to take cognizance of the offense.
Access to Search Records:
The owner or occupier of the place searched is entitled, upon application, to receive a copy of any record sent to the Magistrate under subsection (4), free of charge.
⚖️ Comparison with Indian Penal Code (IPC)
Section 186 of the BNSS, 2023, aligns with Section 166 of the Indian Penal Code (IPC), which addresses the procedure for a police officer to request another officer to issue a search warrant. Both provisions aim to ensure that searches are conducted lawfully and that proper procedures are followed, even when they involve multiple jurisdictions.
🧭 Purpose and Significance
Inter-Jurisdictional Cooperation: Facilitates coordination between police stations in different districts, ensuring that investigations are not hindered by jurisdictional boundaries.
Prevention of Evidence Tampering: Allows for swift action when there is a risk that evidence might be concealed or destroyed, thereby preserving the integrity of the investigation
Transparency and Accountability: Mandates documentation and notification procedures, promoting transparency and accountability in the conduct of searches.
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