Legal provisions regarding when officer in charge of police station may require another to issue search warrant under section 166 of the Code of Criminal Procedure, 1973.
(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 in 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.
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(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 in investigation 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 to search, or cause to be searched any place in the limits of another police station, in accordance with the provisions of Section 165 of the Code, as if such place were within the limits of his own police station.
(4) Any officer conducting a search in the limits of another police station shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place to situate, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records.
(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.
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Investigation in a country or place outside India:
Section 166-A of the Code of Criminal Procedure provides that:
(1) Notwithstanding anything contained in the Code of Criminal Procedure, if, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter.
(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
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(3) Every statement recorded or document or thing received shall be deemed to be the evidence collected during the course of investigation under Chapter XII of the Code of Criminal Procedure which relates to information to the police and their powers to investigate.
Investigation in India on the request from a country or place outside India:
As per Section 166-B of the Code of Criminal Procedure, upon receipt of a letter of request from a Court, or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit,—
(i) Forward the same to the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or
(ii) Send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner,
As if the offence had been committed within India. All the evidence taken or collected, or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.
