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

Summary

Sub-section (1) applies when a person acting under an arrest warrant, or a police officer authorised to arrest, has reason to believe that the person to be arrested has entered or is inside a place. On demand, a person living in or in charge of that place must allow free entry and provide all reasonable facilities for a search.

Sub-section (2) applies if entry cannot be obtained under sub-section (1). A person acting under a warrant may enter and search the place. A police officer may also do so if a warrant may be issued but cannot be obtained without giving the person to be arrested an opportunity to escape. To gain entry, the person or officer may break open an outer or inner door or window of any house or place, whether it belongs to the person to be arrested or someone else, if entry cannot otherwise be obtained after notifying their authority and purpose and duly demanding entry. If the place is an apartment actually occupied by a woman who is not the person to be arrested and who, according to custom, does not appear in public, she must first be told that she is free to withdraw and given every reasonable facility to do so. The person or officer may then break open the apartment and enter.

Sub-section (3) allows a police officer or other person authorised to make an arrest to break open an outer or inner door or window of any house or place to free themselves or another person who lawfully entered to make an arrest and is being detained there.

Official 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.

Referred to by

• CrPC §60 — Power, on escape, to pursue and retake
• CrPC §100 — Persons in charge of closed place to allow search

Related Judgments

• THE STATE OF RAJASTHAN vs REHMAN — Supreme Court of India (1959)
• Mimit Ajit Bhuta vs The State of Maharashtra through DC CID — Bombay High Court (Mumbai Principal Seat) (2026)
• RAJA RAM JAISWAL vs STATE OF BIHAR — Supreme Court of India (1963)
• VIHAAN KUMAR vs STATE OF HARYANA & ANR — Supreme Court of India (2025)

Old <-> New Code Mapping

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