Section 186 of BNSS : Section 186: When officer in charge of police station may require another to issue search-warrant.
BNSS
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Explanation using Example
Example 1:
Scenario: A police officer in charge of a police station in Mumbai receives credible information that stolen goods from a recent burglary are hidden in a warehouse located in Pune.
Application of Section 186:
- The Mumbai police officer, who is not below the rank of sub-inspector, can request the officer in charge of the Pune police station to conduct a search of the specified warehouse.
- The Pune police officer, upon receiving the request, will follow the procedures outlined in Section 185 to conduct the search.
- If the stolen goods are found, the Pune police officer will forward them to the Mumbai police officer who requested the search.
Example 2:
Scenario: A police officer in charge of a police station in Delhi is investigating a case of illegal drug trafficking. The officer receives a tip that the drugs are being stored in a house located in Gurgaon.
Application of Section 186:
- The Delhi police officer can request the officer in charge of the Gurgaon police station to conduct a search of the house.
- The Gurgaon police officer will proceed according to the provisions of Section 185 and conduct the search.
- If drugs are found, they will be forwarded to the Delhi police officer who initiated the request.
Example 3:
Scenario: A police officer in charge of a police station in Bangalore is investigating a case of cybercrime. The officer learns that crucial evidence is stored in a computer located in a cyber café in Hyderabad. The officer believes that any delay in conducting the search might result in the evidence being destroyed.
Application of Section 186:
- The Bangalore police officer can immediately proceed to Hyderabad and conduct the search without waiting for the Hyderabad police officer to act.
- The Bangalore officer will follow the provisions of Section 185 as if the cyber café were within the limits of his own police station.
- After conducting the search, the Bangalore officer will send a notice of the search to the officer in charge of the Hyderabad police station and provide a copy of the list of items seized.
- The Bangalore officer will also send copies of the search records to the nearest Magistrate empowered to take cognizance of the offence.
- The owner of the cyber café will be furnished with a copy of the search records free of cost upon request.
Example 4:
Scenario: A police officer in charge of a police station in Chennai is investigating a case of counterfeit currency. The officer receives information that the counterfeit notes are being printed in a factory located in Coimbatore.
Application of Section 186:
- The Chennai police officer can request the officer in charge of the Coimbatore police station to conduct a search of the factory.
- The Coimbatore police officer will follow the procedures outlined in Section 185 to conduct the search.
- If counterfeit currency is found, it will be forwarded to the Chennai police officer who requested the search.
- The owner of the factory will be provided with a copy of the search records free of cost upon request.