When officer in charge of police station may require another to issue search-warrant
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Summary
An investigating officer may ask the officer in charge of another police station to cause a search in that station where the first officer could have searched in his own limits. If delay might lead to concealment or destruction of evidence, the investigating officer may search in the other station as if it were his own. The searching officer must follow the prescribed procedure, forward anything found to the requester, notify the local station and the Magistrate, and give the owner or occupier free copies of any records sent to the Magistrate.
Example
Priya, a sub-inspector investigating a shop theft at Station A, asks the officer in Station B to search a nearby warehouse. That officer must follow the search procedure and send any recovered goods to Priya. If Priya believes waiting would let evidence be destroyed, she may search the warehouse herself, but must immediately notify Station B's officer, send records to the Magistrate, and give the owner free copies of the records.
Bare Act
Enacted text(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 185, 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 185, 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 103, 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 185.
(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).
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