Section 186 BNSS: When officer in charge of police station may require another to issue search-warrant

Section 186 BNSS Bare Act Text

(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).

Source: Section 186, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 186 BNSS in Simple Words

When Section 186 BNSS Applies

• Section 186(1) BNSS applies to an officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation.
• That officer 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.
• Under Section 186(2) BNSS, such officer, on being so required, shall proceed according to the provisions of Section 185 BNSS, and shall forward the thing found, if any, to the officer at whose request the search was made.
• Section 186(3) BNSS applies 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 Section 186(1) BNSS might result in evidence of the commission of an offence being concealed or destroyed.
• In that case it shall be lawful for an officer in charge of a police station or a police officer making any investigation under Chapter XIII of the Sanhita to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of Section 185 BNSS, as if such place were within the limits of his own police station.
• Under Section 186(4) BNSS, any officer conducting a search under Section 186(3) BNSS shall 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 BNSS.
• That officer shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in Section 185(1) BNSS and Section 185(3) BNSS.
• Under Section 186(5) BNSS, 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 Section 186(4) BNSS.

Time Limits Under Section 186 BNSS

• Section 186(3) BNSS speaks of the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under Section 186(1) BNSS.Act text: “the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under sub-section (1)”
• Section 186(4) BNSS says that any officer conducting a search under Section 186(3) BNSS 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.Act text: “shall forthwith send notice of the search to the officer in charge of the police station”

Example of Section 186 BNSS

When Section 186 BNSS Does Not Apply

• Section 186(1) BNSS speaks of requiring an officer in charge of another police station to cause a search to be made. It does not deal with a search under a search-warrant issued by a Court.
• Section 186(5) BNSS speaks of a record sent to the Magistrate under Section 186(4) BNSS. It does not deal with the notice of the search or the list prepared under Section 103 BNSS that is sent to the officer in charge of the police station.

Section 186 BNSS in the CrPC (Previous Law)

FAQs on Section 186 BNSS

Section 186 BNSS: Sub-sections Explained

Sections Related to Section 186 BNSS