BNSS Section 44 — Search of place entered by person sought to be arrested

Summary

If a police officer or someone with an arrest warrant believes the person they want to arrest has gone into a building or area, the person who lives there or is in charge must let them in and help them search. If they are not allowed in, the officer or warrant-holder can break open doors or windows to get inside, but only after clearly stating who they are and why they are there, and only if they cannot get in any other way. However, if the place is a room occupied by a woman who does not appear in public by custom, the officer must first tell her she can leave and give her a chance to do so before breaking in. Also, if an officer or anyone lawfully making an arrest gets trapped inside a building, they can break open doors or windows to free themselves or someone else.

Official Text

(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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

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