Section 186 of BNSS, 2023 — When Officer in Charge of Police Station May Require Another to Issue Search-Warrant

Introduction

Section 186 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a situation where an investigating police officer needs to search a place that lies outside the limits of his own police station.

Instead of personally exercising the search power under Section 185 in another police-station area, the officer may request the officer in charge of that other police station to conduct the search or obtain the necessary search warrant.

The provision is designed to facilitate cooperation between police stations and prevent jurisdictional boundaries from unnecessarily delaying an investigation.

Meaning of Section 186

Section 186 provides a mechanism through which an officer in charge of a police station can require the officer in charge of another police station to conduct a search when the relevant place is situated within the territorial jurisdiction of that other station.

The provision also deals with the situation where the place to be searched is outside India but within the jurisdiction of an authority or Government in a country with which arrangements have been made for service or execution of processes.

The section therefore facilitates searches across police-station and, in specified circumstances, international territorial boundaries.

Statutory Basis

The principal provision is Section 186 of the BNSS, 2023.

It is closely connected with:

• Section 185: Search by police officer.
• Section 103: General provisions relating to searches.
• Section 105: Recording of search and seizure through audio-video electronic means.
• Section 175: Police officer’s power to investigate cognizable cases.
• Section 176: Procedure for investigation.

Object and Purpose

The main purposes of Section 186 are:

• to facilitate investigation when relevant evidence is located outside the investigating officer’s police-station limits;
• to enable cooperation between police stations;
• to avoid unnecessary jurisdictional obstacles;
• to ensure that searches are conducted by police authorities having territorial access to the place;
• to provide a mechanism for obtaining a search warrant where necessary; and
• to facilitate execution of searches in specified situations involving places outside India.

The provision therefore supports effective investigation while respecting territorial jurisdiction.

Nature and Scope

Section 186 is primarily a procedural and inter-jurisdictional provision.

It does not itself create a general power to search every place outside the officer’s jurisdiction. Instead, it establishes the procedure by which the investigating officer can have the search carried out through the police station having jurisdiction over the relevant place.

The section operates particularly where the investigating officer has reason to believe that something necessary for the investigation is situated within the jurisdiction of another police station.

Essential Elements

1. Investigation Must Be Pending

The mechanism under Section 186 arises in the course of an investigation.

The officer must be dealing with material necessary for the investigation.

2. Relevant Place Lies Outside the Officer’s Police-Station Limits

The officer must have reason to believe that the relevant thing is situated within the limits of another police station.

This is the central jurisdictional situation addressed by Section 186.

3. Request to Officer in Charge of Another Police Station

The officer in charge of the investigating police station may require the officer in charge of the other police station to conduct the search.

The second officer is therefore brought into the investigation for the limited purpose of carrying out the search.

4. Search Warrant Mechanism

Where the circumstances require a warrant, the officer in charge of the other police station may proceed according to the search-warrant provisions of BNSS.

The provision therefore connects inter-police-station cooperation with the ordinary warrant procedure.

Procedure

The basic procedure can be understood as follows:

1. A police officer is investigating an offence.
2. The officer has reason to believe that something necessary for the investigation is located within the limits of another police station.
3. The officer requests the officer in charge of that other police station to conduct the search.
4. The officer receiving the request proceeds in accordance with the applicable search provisions.
5. The search is conducted within the territorial jurisdiction of that police station.
6. The material recovered through the search is dealt with as part of the investigation.
7. The result of the search is communicated to the investigating officer.

This mechanism avoids requiring the investigating officer to personally conduct a search in another police-station jurisdiction.

Search Outside India

Section 186 also contains provisions concerning searches connected with places outside India.

Where the investigating officer has reason to believe that the relevant thing is situated in a place outside India, the provision permits the officer to make a request through the prescribed authority where an arrangement exists with the foreign country for:

• service or execution of processes; or
• other relevant criminal-procedure cooperation.

The search is then carried out in accordance with the applicable international arrangement and the law governing execution of the request.

This aspect of the provision reflects the increasing importance of cross-border criminal investigation.

Importance of Territorial Jurisdiction

Police powers are ordinarily exercised within the territorial framework assigned to the police station.

Section 186 recognises that evidence may be located outside that territorial boundary.

Instead of treating territorial jurisdiction as an absolute obstacle, the section provides a formal mechanism for obtaining assistance from the police station having jurisdiction over the place.

Thus, territorial jurisdiction determines how the search is to be carried out, but it does not necessarily prevent the investigating agency from obtaining evidence located elsewhere.

Section 186 and Search Warrants

Section 186 should not be confused with the general provisions under BNSS concerning issuance of search warrants.

The section primarily addresses which police authority should undertake a search when the relevant place lies within another police station’s jurisdiction.

Where a search warrant is legally required, the applicable warrant provisions continue to govern the issuance and execution of that warrant.

Relationship with Section 185

Section 185 and Section 186 are closely connected.

Section 185

Section 185 allows an authorised investigating police officer to conduct a search within the relevant police-station limits when the statutory requirements for a warrantless investigative search are satisfied.

Section 186

Section 186 provides the mechanism for obtaining a search through another police station when the relevant place lies outside the investigating officer’s territorial limits.

The basic distinction is therefore:

• Section 185: search by the investigating police officer within the relevant police-station jurisdiction.
• Section 186: obtaining assistance from another police station for a search outside that jurisdiction.

Important Distinctions

Section 185 and Section 186

Section 185 concerns the police officer’s own investigative search power.

Section 186 addresses a situation where the relevant place lies within another police station’s jurisdiction and provides a mechanism for that other police station to conduct the search.

Search and Search-Warrant

A search is the act of looking for and locating relevant material.

A search warrant is a judicial authorisation permitting a search in circumstances where the statutory warrant procedure applies.

Section 186 facilitates the obtaining or execution of a search through another police station; it does not eliminate the separate requirements governing search warrants.

Police Jurisdiction and Investigation

An investigating officer’s police-station jurisdiction does not mean that evidence located elsewhere becomes irrelevant to the investigation.

Section 186 provides a procedural mechanism for obtaining such evidence through the appropriate territorial police authority.

BNSS and CrPC

Section 186 of BNSS broadly corresponds to Section 166 of the Code of Criminal Procedure, 1973.

The underlying principle has substantially continued: where an investigating police officer needs to search for evidence located within another police station’s jurisdiction, the officer can seek assistance from the police authority having jurisdiction over that place.

The BNSS framework must nevertheless be applied according to its current wording and associated provisions, rather than assuming that every procedural detail of Section 166 CrPC is identical.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 (BNS) defines the substantive offence being investigated.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the procedural mechanism for conducting and facilitating the investigation, including searches under Sections 185 and 186.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the evidentiary treatment of material subsequently relied upon in criminal proceedings.

Section 186 therefore concerns the procedure for obtaining evidence, rather than determining its ultimate evidentiary value.

Constitutional Connection

Section 186 has an indirect connection with Article 21 of the Constitution because police searches and investigations can affect privacy, property and personal liberty.

A structured procedure for searches across police-station boundaries helps ensure that investigative powers are exercised according to law rather than through arbitrary or informal action.

The provision also promotes procedural fairness by ensuring that searches are carried out through the police authority having jurisdiction over the relevant location.

Common Confusions

Can an investigating officer simply search anywhere in India?

Not without regard to the statutory procedure.

Where the place lies within another police station’s jurisdiction, Section 186 provides a mechanism for requesting the police authority of that station to conduct the search.

Is Section 186 itself a general search-warrant provision?

No.

It primarily provides a mechanism for searches involving another police-station jurisdiction and connects that process with the applicable search-warrant provisions.

Why is another police station involved?

Because the place to be searched falls within that police station’s territorial jurisdiction.

The provision enables the investigating officer to obtain assistance from the police authority that has jurisdiction over the location.

Does territorial jurisdiction prevent investigation of evidence located elsewhere?

No.

Section 186 exists precisely to facilitate investigation when relevant material is located outside the investigating officer’s immediate territorial jurisdiction.

Does Section 186 apply to foreign locations?

It contains a mechanism for specified searches connected with places outside India where the required arrangements for criminal-process cooperation exist.

The applicable international arrangement and the law governing execution of the request must also be followed.

Example

Suppose a police station in Chennai is investigating a theft. During the investigation, the officer has reason to believe that stolen property is kept at a premises falling within the jurisdiction of another police station.

Instead of independently attempting to exercise the search power in the other police station’s area, the investigating officer can invoke the mechanism under Section 186 and require the officer in charge of the other police station to conduct the search in accordance with law.

The other police station conducts the search and communicates the result and recovered material to the investigating officer.

Important BNSS Provisions

• Section 103: General provisions relating to searches.
• Section 105: Recording of search and seizure through audio-video electronic means.
• Section 175: Police officer’s power to investigate cognizable cases.
• Section 176: Procedure for investigation.
• Section 185: Search by police officer.
• Section 186: Search involving another police-station jurisdiction.

Topic at a Glance

• Topic: When Officer in Charge of Police Station May Require Another to Issue Search-Warrant
• BNSS Section: Section 186
• Nature: Investigative and inter-jurisdictional procedure
• Main purpose: Facilitating searches outside the investigating officer’s police-station limits
• Authority involved: Officer in charge of the investigating police station and officer in charge of the other police station
• Core requirement: Relevant material is believed to be located within another police station’s jurisdiction
• Search: Conducted through the police authority having jurisdiction over the place
• Search warrant: Applicable where required under BNSS
• Foreign locations: Special procedure applies where relevant international arrangements exist
• Related provision: Section 185 BNSS
• CrPC counterpart: Section 166 CrPC

Quick Revision

1. Section 186 BNSS deals with searches involving another police-station jurisdiction.
2. It operates during a police investigation.
3. It applies where the investigating officer has reason to believe that relevant material is located within another police station’s limits.
4. The investigating officer can require the officer in charge of that other police station to conduct the search.
5. The procedure respects the territorial jurisdiction of the police station where the place is located.
6. Where a search warrant is required, the applicable BNSS warrant provisions continue to apply.
7. Section 186 facilitates cooperation between different police stations.
8. It prevents territorial boundaries from unnecessarily obstructing an investigation.
9. The provision also contains a mechanism for specified searches connected with places outside India where the necessary arrangements exist.
10. Section 185 primarily concerns the investigating officer’s search power within the relevant police-station jurisdiction.
11. Section 186 deals with obtaining a search through another police station.
12. Section 186 broadly corresponds to Section 166 of the CrPC.
13. The ultimate evidentiary treatment of material obtained through the search is governed by the applicable law of evidence.

ALSO READ: Section 185 – Search by police officer

Conclusion

Section 186 of the BNSS provides an important mechanism for conducting searches when investigative material is located outside the territorial jurisdiction of the police station conducting the investigation. It enables the investigating officer to involve the police authority having jurisdiction over the place, thereby promoting effective investigation while respecting territorial limits. The provision is particularly significant because criminal investigations frequently involve evidence located across different districts, States or, in appropriate cases, national boundaries.