BNSS Code Section 44: Search Of Place Entered By Person Sought To Be Arrested
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the conditions and procedures for law enforcement officers to enter and search premises during an arrest. Here is more on 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 authorised 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.
2. Explanation: on Search Of Place Entered By Person Sought To Be Arrested
This section deals with the power of law enforcement to enter and search premises for the purpose of making an arrest. It outlines the following:
- Sub-section (1): If the person to be arrested is believed to be inside a place, the person in charge of that place must allow access and provide assistance for a search upon the officer’s demand.
- Sub-section (2): If access is denied, the officer may break open doors or windows to enter the place, but only after:
- A warrant for arrest exists, or a warrant could be obtained (but immediate action is needed to prevent escape).
- The officer has identified their authority and purpose.
- A demand for admittance has been made.
- Sub-section (2) – Special Provision: If the place is an apartment occupied by a woman who, due to custom, does not appear in public, the officer must first inform her that she is free to leave and give her the opportunity to withdraw before breaking open and entering.
- Sub-section (3): An officer may break open doors or windows to rescue himself or another person. They are lawfully inside for an arrest, but is being detained.
3. Illustration
Imagine a police officer has a warrant to arrest someone suspected of theft. The officer believes the suspect is hiding in a house. The officer arrives and knocks on the door, identifying himself and stating his purpose. The resident refuses to allow the officer entry. The officer, having a warrant knowing the suspect is inside. He/she is allowed to break open the door and search for the suspect.
4. Common Questions and Answers
Q: What if the person in charge of the place is not present?
A: In such cases, reasonable efforts must be made to locate someone who can grant access. If no one is available, the officer can proceed according to sub-section (2). Hence, considering the urgency of the situation and potential escape of the person to be arrested.
Q: Does the officer need a warrant to search the entire house?
A: No, the officer’s authority to search is limited to areas where the person to be arrested may be hiding. The officer cannot conduct a general search of the house.
Q: What if there are other people present in the house?
A: The officer’s authority to enter and search is limited to areas. This means thr areas where they have reason to believe the person to be arrested is hiding. The rights of other individuals present must be respected.
