CrPC 47 — Search of place entered by person sought to be arrested

Code of Criminal Procedure, 1973

Statutory text

(1) If any person acting under 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 persons
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.

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