When officer in charge of police station may require an other to issuesearch warrant
Section 166 of the Code of Criminal Procedure, 1973 deals with when officer in charge of police station may require an other to issuesearch warrant. When officer in charge of police station may require an other to issue search warrant.(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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
When officer in charge of police station may require an other to issue search warrant.(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 provi-
sions 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).
166A
Section 166, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 186 When officer in charge of police station may require another to issue search-warrant Text carried over almost unchanged 89%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nannabattina Viswarupachari vs The State of Andhra Pradaesh
Court's Decision & Legal Precedent
When an accused is charged under the Narcotic Drugs and Psychotropic Substances Act for possession of narcotic drugs in quantity below the commercial threshold, and the offence is not punishable with life imprisonment or capital punishment, the court is not required to record satisfaction under Section 37(1)(b) of the NDPS Act. In such cases, where the investigation is substantially complete and the offences do not carry severe penalties, bail should be granted on reasonable conditions such as personal bond and sureties, rather than keeping the accused in custody pending trial.
On this section: Legal basis for police search of petitioner's house with permission
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 166
What have the courts held on Section 166 of the Code of Criminal Procedure?
Nannabattina Viswarupachari vs The State of Andhra Pradaesh (28 Mar 2018) is the leading judgment on this section among those set out below: Legal basis for police search of petitioner's house with permission.
How do I find court cases under Section 166 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 166, section 166 CRPC, section 166 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Nannabattina Viswarupachari vs The State of Andhra Pradaesh (28 Mar 2018).
What should I read with Section 166 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 100 (Persons in charge of closed place to allow search), section 165 (Search by police officer), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 186 (When officer in charge of police station may require another to issue search-warrant), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 166 of the Code of Criminal Procedure come into force?
Section 166 of the Code of Criminal Procedure, cited as CRPC 166, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.