(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).
Bharatiya Nagarik Suraksha Sanhita
Section 186
When officer in charge of police station may require another to issue search-warrant
⚡ Quick Answer Reference: Section 186 BNSS
- Provision: Section 186 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: This section allows a police officer to request another police station to conduct a search in certain cases, following specific procedures.
What does Section 186 of BNSS say?
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What does Section 186 of BNSS mean?
Plain English Explanation
This section allows a police officer to request another police station to conduct a search in certain cases, following specific procedures.
Practical Interpretation
In practice, this section enables coordination between police stations for searches, ensuring evidence is preserved and investigations are efficient.
Core Legal Purpose
The core purpose is to facilitate inter-station cooperation for searches, balancing investigative needs with procedural safeguards.
- •The officer in charge of a police station or a sub-inspector level officer must be making an investigation.
- •The search must be in a case where the requesting officer could have made the search within their own station limits.
- •The key legal test is the reason to believe that delay might result in evidence being concealed or destroyed.
- •A key exception is when the delay might compromise the investigation, allowing the officer to search without waiting for another station's assistance.
Practical Example of Section 186 BNSS
Rajesh, a sub-inspector in Mumbai, is investigating a case that requires a search in Pune. He can request the Pune police station to conduct the search, following the procedures outlined in this section. If there's a risk of evidence being destroyed, Rajesh can also conduct the search directly in Pune, notifying the local station and magistrate afterwards.
Frequently Asked Questions about Section 186 BNSS
Q: What is the punishment or consequence under Section 186 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to police officers and stations, not directly to private individuals or public entities, though they may be affected by the searches conducted under this provision.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence; it outlines a procedural mechanism for searches. Thus, it does not classify an offence as bailable or cognizable.
Common Questions about Section 186 BNSS
What is Section 186 of BNSS?
Section 186 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "When officer in charge of police station may require another to issue search-warrant". In plain terms: This section allows a police officer to request another police station to conduct a search in certain cases, following specific procedures.
What is the punishment under Section 186 of BNSS?
Section 186 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 186 of BNSS bailable or non-bailable?
Whether Section 186 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 186 of BNSS?
The essential elements of Section 186 of BNSS are: The officer in charge of a police station or a sub-inspector level officer must be making an investigation.; The search must be in a case where the requesting officer could have made the search within their own station limits.; The key legal test is the reason to believe that delay might result in evidence being concealed or destroyed..
Landmark Judgments under Section 186 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 186
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