Chapter V
Section 47 CrPC: Search of place entered by person sought to be arrested
New Law Update (2024)
Section 50 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act 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 such 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 purposes, 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.
Important Sub-Sections Explained
Sub-section (2) and its Proviso
This crucial sub-section empowers police officers to break open doors or windows to enter a place and effect an arrest if entry is refused after proper notification. It includes a vital proviso safeguarding the privacy of women who do not appear in public, requiring officers to offer them a chance to withdraw before entering their apartment.
Landmark Judgements
Harnam Singh v. State of U.P. (1976):
This Supreme Court case affirmed the broad powers of police officers in making arrests, including the necessary authority to take steps required for executing an arrest warrant, thereby reinforcing the legal basis for actions under Section 47.
Suresh Tirlokchand Jain v. The State of Maharashtra (2011):
This Bombay High Court case emphasized the importance of “reason to believe” by a police officer under Section 47, stating that it must be based on credible information or circumstances, and not mere suspicion, before entering and searching a place to effect an arrest.