Section 166 CrPC and Section 186 BNSS: Police Searches Across Jurisdictions

Section 166 of the Code of Criminal Procedure, 1973 governed requests for searches by another police station and urgent searches outside the investigating station's limits. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 186.

Meaning and scope of the provision

The provision enables lawful police searches when relevant evidence is located within the territorial jurisdiction of another police station. Despite the statutory heading referring to a "search-warrant", Section 166 CrPC and Section 186 BNSS primarily regulate requests between police stations and urgent inter-jurisdictional searches; they do not themselves require a judicial search warrant in every case.

Section 166 CrPC: Explanation of all five subsections

1. Subsection (1) - Request to another station: An officer in charge of a police station, or an investigating police officer not below the rank of sub-inspector, may ask the officer in charge of another police station, in the same or a different district, to arrange a search that the requesting officer could lawfully have undertaken within the limits of the requesting station.
2. Subsection (2) - Procedure and transfer of items: The receiving officer must follow Section 165 CrPC, which governs searches by police officers during investigation, and forward any thing found to the requesting officer.
3. Subsection (3) - Urgent direct search: If delay in asking the other station may lead to evidence being concealed or destroyed, the investigating officer may search, or cause a search of, a place in the other station's limits, subject to Section 165 CrPC as though the place were within the investigating station's limits.
4. Subsection (4) - Notice and records: The officer carrying out an urgent search must promptly notify the local station, send the search list (if prepared) under Section 100 CrPC, and send the specified Section 165 records to the nearest Magistrate empowered to take cognizance.
5. Subsection (5) - Copies for the occupier: On application, the owner or occupier of the searched premises is entitled to a free copy of any record sent to the Magistrate under subsection (4).

Current law: Section 186 BNSS, 2023

Section 186 BNSS substantially retains the five-part framework of former Section 166 CrPC. The corresponding procedural references are now Section 185 BNSS (search by police officer) and Section 103 BNSS (general provisions concerning searches).

Section 186(1) and (2): Searches requested from another police station

An investigating officer of the prescribed rank may request a search through the officer in charge of another station, including in another district. The receiving officer follows Section 185 BNSS and forwards anything found to the requesting officer.

Section 186(3): Searches where delay risks destruction of evidence

Where there is reason to believe that waiting for the other station to arrange a search could result in concealment or destruction of evidence, the investigating officer may conduct or arrange the search directly in that jurisdiction, while complying with Section 185 BNSS.

Section 186(4) and (5): Accountability and access to records

The searching officer must promptly inform the local station, provide the search list, if any, prepared under Section 103 BNSS, and send the prescribed Section 185 records to the competent Magistrate. The owner or occupier can apply for a free copy of the records sent under subsection (4).

Additional safeguards under the BNSS

Section 185 BNSS regulates searches by investigating police officers, including recording grounds and identifying the object of the search. Its subsection (2) requires audio-video electronic recording of searches under that section, preferably using a mobile phone. Subsection (5) requires copies of the relevant records to be sent to the nearest competent Magistrate without delay and within forty-eight hours. These safeguards are relevant when Section 186 directs officers to proceed under Section 185.

Section 103 BNSS contains general search safeguards, including rules relating to witnesses, lists of seized items and the occupant's participation, where applicable. Whether a particular search was lawful depends on its facts, statutory authority and compliance with procedural requirements.

Practical example

Suppose an officer investigating a theft at Police Station A reasonably believes that stolen property is hidden in an area served by Police Station B. Ordinarily, the officer can request Police Station B to conduct the search under Section 186(1). If there is a genuine risk that waiting would allow the property to be removed or destroyed, Section 186(3) may permit an immediate search, with the required records, notice and other safeguards.

Frequently asked questions

Is Section 166 CrPC still in force?

No. The CrPC was repealed when the BNSS took effect on 1 July 2024, subject to Section 531's savings provisions for relevant pending matters. The corresponding current provision is Section 186 BNSS.

Can police search premises outside their own police station limits?

Yes, within the conditions of Section 186 BNSS. Officers may request assistance from the local police station or, where the statutory urgency requirement is met, conduct a direct search subject to the prescribed safeguards.

Does Section 186 always require a search warrant?

No. The heading mentions a search warrant, but the operative text concerns police search powers during investigation and compliance with Section 185. A warrant may be necessary in other circumstances under other applicable provisions.

Can the property owner obtain search records?

Yes. Under Section 186(5), the owner or occupier may apply for a free copy of records sent to the Magistrate under subsection (4).

Official legislation and further reading

This article provides general legal information. For any particular search or pending proceeding, consult the statutory text, applicable notifications and case-specific legal advice.