Search of place entered by person sought to be arrested
AI Assist
Summary
When an arresting officer or any police officer with power to arrest believes the suspect is inside a place, the occupant must let the officer enter and provide reasonable help for a search on demand. If entry is refused, officers who have or could get a warrant may, after announcing their authority and purpose and demanding admission, break doors or windows to enter. If a private apartment is actually occupied by a woman who by custom stays away from public view, she must be warned and given a chance to withdraw before forced entry. Officers may also break doors or windows to free themselves or others lawfully detained while making an arrest.
Example
Police holding a warrant suspect Rohan is hiding inside Arjun's shop. On demand Arjun must allow officers in and help the search. If Arjun bars entry, after announcing their authority and purpose the police may break the door to enter. If Meera, who customarily stays private, is inside an apartment, she must be warned and given a chance to withdraw before they break 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 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.
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