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.
Read also Section 37 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS