Chapter XII
Section 166 CrPC: When officer in charge of police station may require another to issue search-warrant
New Law Update (2024)
Section 188 BNSS
TRIAL COURT
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
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 165, 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 165, 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 100, 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 165.
(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).
Important Sub-Sections Explained
Section 166(1) CrPC
This sub-section allows an investigating police officer (Sub-Inspector or above) to formally ask an officer in charge of another police station to conduct a search within their area. This ensures police cooperation when evidence for an investigation is found across different police jurisdictions.
Section 166(3) CrPC
This critical sub-section grants an exception for urgent situations, permitting an investigating officer to directly search a place in another police station’s limits without prior request. This power is used when there’s a strong belief that waiting for the local police could lead to evidence being hidden or destroyed, necessitating immediate action.
Landmark Judgements
Nityananda v. State of Odisha (2000):
This case, among others, underscores the mandatory nature of promptly forwarding search reports or memos to the Magistrate. This requirement directly applies to the reporting obligations under Section 166(4) CrPC, emphasizing that non-compliance can potentially invalidate the search proceedings.
State of Punjab v. Baldev Singh (1999):
While a significant judgment concerning the NDPS Act, this Supreme Court ruling established fundamental principles regarding the strict observance of procedural safeguards during searches and seizures. These principles, including informing the accused of their rights and ensuring meticulous documentation, are universally applicable to all searches conducted under the CrPC, including those under Section 166, to ensure fairness and legality.