Code
(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).
Explanation
This section mandates that an Officer in Charge of a police station must obtain a search warrant from a Magistrate before conducting a search for anything that may be useful in connection with an offense, unless certain exceptions apply. The warrant must be issued based on a specific and credible information, indicating the place to be searched and the thing(s) to be searched for.
Illustration
Imagine a police officer receives information that a person is hiding stolen goods in their house. The officer cannot simply barge into the house without a warrant. They must approach a Magistrate with the information and request a warrant to search the house for the stolen goods. The Magistrate will then decide whether to issue the warrant based on the evidence presented.
Common Questions and Answers
Q: Can an Officer in Charge search without a warrant?
A: Generally, no. A warrant is required unless specific exceptions apply, such as when there is imminent danger to life or property, or when there is reasonable suspicion that a crime is being committed.
Q: What information is required to obtain a search warrant?
A: The officer must provide credible and specific information to the Magistrate, indicating the place to be searched and the thing(s) to be searched for. The information must be sufficient for the Magistrate to believe that the items sought are connected to the offense.
Q: What happens if an Officer in Charge searches without a warrant?
A: Such a search would be illegal, and any evidence found during the search may be inadmissible in court. The officer could also face disciplinary action.
