Section 47 CrPC: Searching a Place Entered by a Person Sought for Arrest

1. State the Code:

Section 47 of the Code of Criminal Procedure, 1973 (CrPC)

2. Explain it:

This section deals with the power of a police officer to search a place where a person sought to be arrested has entered. It states that when a police officer has reason to believe that a person sought to be arrested has entered a particular place, the officer may, after giving notice to the occupier of that place, search the place for the person sought to be arrested.

3. Illustrate it:

Imagine a police officer is searching for a suspect who is wanted for theft. The officer receives information that the suspect has entered a house. The officer can, under Section 47 CrPC, approach the house, inform the resident of his intention to search, and then proceed to search the house for the suspect.

4. Common Questions and Answers:

Q: What is the legal basis for this search?
A: This search is justified under Section 47 CrPC as a reasonable suspicion that the person sought to be arrested is present in the place.

Q: Can the officer enter the place without permission?
A: No. The officer must first give notice to the occupier of the place and then, if the occupier refuses to allow entry, obtain a warrant for search from a magistrate.

Q: What if the person sought to be arrested is not found?
A: The officer cannot continue the search indefinitely. The search must be conducted in a reasonable manner and should be terminated when it is clear that the person sought to be arrested is not present in the place.

Q: Can the officer seize any other items during the search?
A: Yes. If the officer has reasonable grounds to believe that any other item in the place is connected with the crime for which the arrest is sought, they can seize that item as well.