Section 166 of CrPC : Section 166: When officer in charge of police station may require another to issue search-warrant.
CrPC
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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 illegal weapons are being stored in a warehouse located in Pune. The officer believes that these weapons are linked to a crime being investigated in Mumbai.
Application of Section 166:
- The Mumbai police officer, who is of the rank of sub-inspector or above, can request the officer in charge of the Pune police station to conduct a search of the warehouse.
- The Pune police officer, upon receiving the request, will follow the procedures outlined in Section 165 of the Code of Criminal Procedure, 1973, to conduct the search.
- If any illegal weapons are found, the Pune police officer will forward them to the Mumbai police officer who requested the search.
Example 2:
Scenario: During an investigation, a police officer in charge of a police station in Delhi learns that crucial evidence related to a cybercrime is stored on a server located in a different district, such as Gurgaon. The officer fears that any delay in obtaining a search warrant from Gurgaon might result in the evidence being destroyed.
Application of Section 166:
- The Delhi police officer, who is of the rank of sub-inspector or above, can directly conduct a search of the server in Gurgaon without waiting for a warrant from the Gurgaon police station, as per the provisions of Section 165.
- After conducting the search, the Delhi police officer must immediately notify the officer in charge of the Gurgaon police station about the search.
- The Delhi police officer must also send a copy of the search list and other relevant records to the nearest Magistrate empowered to take cognizance of the offence.
- The owner or occupier of the place searched (in this case, the server owner) can request and will be provided with a copy of the search records free of cost.
Example 3:
Scenario: A police officer in charge of a police station in Bangalore is investigating a drug trafficking case. The officer receives information that a large consignment of drugs is hidden in a house located in Hyderabad. The officer believes that any delay in conducting the search might lead to the drugs being moved or destroyed.
Application of Section 166:
- The Bangalore police officer, who is of the rank of sub-inspector or above, can directly conduct a search of the house in Hyderabad without waiting for a warrant from the Hyderabad police station, as per the provisions of Section 165.
- After conducting the search, the Bangalore police officer must immediately notify the officer in charge of the Hyderabad police station about the search.
- The Bangalore police officer must also send a copy of the search list and other relevant records to the nearest Magistrate empowered to take cognizance of the offence.
- The owner or occupier of the place searched (in this case, the house owner) can request and will be provided with a copy of the search records free of cost.