Search of place entered by person sought to be arrested
AI Assist
Summary
An officer executing an arrest warrant, or any police officer authorised to arrest, who reasonably believes the suspect is inside a place can require anyone there to allow entry and provide reasonable facilities for a search. If entry is refused, after identifying authority and purpose and demanding admission, the officer may forcibly enter and break doors or windows to search or arrest. If an apartment is actually occupied by a woman who by custom does not appear in public, she must be warned and given a chance to withdraw before entry.
Example
Police have a warrant for Arjun and believe he is hiding in Priya's flat. Priya must let them enter and help with the search; if she refuses, after identifying themselves and demanding admission they may break a door or window to enter. If the flat is actually occupied by Meera, who by custom does not appear in public, police must warn her and give her a chance to withdraw before breaking in.
Bare Act
Enacted 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.
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