CrPC Section 166: Officer in Charge Requiring Search Warrant

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CrPC Section 166: Officer in Charge Requiring Search Warrant

1. Code

Section 166 of the Code of Criminal Procedure, 1973 (CrPC) deals with the requirement for an Officer in Charge to obtain a search warrant before conducting a search.

2. 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.

3. 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.

4. 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.
Also Read  Section 118 CrPC: Discharge of Person Accused in India
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