Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 44: Search of Place Entered by Person Sought to Be Arrested
(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.
(3) Any police officer or other person authorized to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
Brefe Detail
This section outlines the procedure for searching a place when a person sought for arrest is believed to be inside. It specifies the rights of police officers and the obligations of individuals residing in such places.
Question & Answers
What must a person in charge of a place do when a police officer demands entry to arrest someone?
A: They must allow free ingress and provide reasonable facilities for a search.
What can a police officer do if they cannot gain entry to a place?
A: They can break open any outer or inner door or window after notifying their authority and purpose if admittance is refused.
What special consideration is given when the apartment is occupied by a female who does not appear in public?
A: The officer must inform her that she is free to withdraw and provide facilities for her to do so before entering.
Can a police officer break open a door to liberate themselves or another detained person?
A: Yes, if they have lawfully entered for the purpose of making an arrest.
Example
1. A police officer believes that a suspect is hiding in a friend's house. The officer knocks and demands entry; the resident must allow the officer to search.
2. If the officer cannot get in, they may break open the door after properly notifying their intent, unless the room is occupied by a woman who follows customs of privacy.
3. If a police officer is inside a building and someone tries to lock them in, they have the right to break out.
Summary
Section 44 emphasizes the authority of police officers to search places for individuals sought for arrest, detailing procedures and protections, especially concerning the privacy of women. It balances the need for law enforcement with respect for individual rights during the arrest process.
