BNSS Section 186: Inter-Station Search
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS), also known as the Indian Penal Code (IPC), governs the search of places located outside the jurisdiction of a police officer conducting an investigation.
Code:
(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.
Code: (4),(5)
(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).
Explanation:
Section 186 empowers a police officer, not below the rank of Sub-Inspector, investigating a case to request the Officer in Charge (OIC) of another police station (within the same or different district) to conduct a search within their jurisdiction.
- Sub-section (1): The requesting officer must be able to lawfully conduct the search within their own jurisdiction. This means they must have a valid ground for the search under Section 185 (like a warrant or reasonable suspicion).
- Sub-section (2): The OIC of the other police station must then follow the procedure outlined in Section 185, including conducting the search and forwarding any items found to the requesting officer.
- Sub-section (3): This subsection provides an exception to the requirement to involve another police station. When a delay in obtaining a search warrant from the other station’s jurisdiction could lead to evidence being destroyed or concealed, the investigating officer may directly search the place without involving the local OIC. However, they still need to follow the procedure outlined in Section 185.
- Sub-section (4): In cases where an officer conducts a search under sub-section (3), they are obligated to immediately inform the OIC of the station where the search took place. They also need to send a copy of the search list (if created) and the search records to the nearest magistrate.
- Sub-section (5): The owner or occupier of the searched place can request a free copy of the records sent to the magistrate.
Illustration:
Imagine a police officer in Delhi is investigating a theft case. The stolen items are believed to be hidden in a house in Gurgaon. The officer can request the OIC of the Gurgaon police station to search that house under Section 186(1). The officer must have a valid basis for the search (warrant or reasonable suspicion). The Gurgaon OIC will then conduct the search following the procedures in Section 185 and return any findings to the Delhi officer.
Common Questions and Answers:
- Q: Can a police officer search a place outside their jurisdiction without involving the local police?
- A: Generally no. Section 186(1) requires involving the local OIC. However, Section 186(3) allows for a direct search in situations where immediate action is necessary to prevent evidence destruction.
- Q: What happens if the local OIC refuses to comply with the search request?
- A: Refusal to comply could be considered obstruction of justice. The requesting officer might seek legal recourse or involve higher authorities.
- Q: Can the owner or occupier of the searched place challenge the search?
- A: Yes, they can legally challenge the search if they believe it was illegal or conducted without proper authority. They can file a petition in court.
