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:

  1. 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.
  2. 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.
  3. 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:

  1. 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.
  2. After conducting the search, the Delhi police officer must immediately notify the officer in charge of the Gurgaon police station about the search.
  3. 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.
  4. 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:

  1. 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.
  2. After conducting the search, the Bangalore police officer must immediately notify the officer in charge of the Hyderabad police station about the search.
  3. 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.
  4. 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.
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