Section 44 BNSS: Search of place entered by person sought to be arrested (Formerly Section 47 CrPC)

Section 44 of Bharatiya Nagarik Suraksha Sanhita, 2023: Search of place entered by person sought to be arrested

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 44

Section 44 empowers police officers and persons acting under a warrant of arrest to search any place entered by a person sought to be arrested, imposing a duty on occupants to afford ingress and search facilities.

Authority to Arrest: Officer or person holding lawful authority or warrant to arrest.
Reason to Believe Ingress: Reason to believe that the wanted person has entered into, or is within, the premises.
Forcible Ingress & Purdah Safeguards: If ingress cannot be obtained, power to break open doors/windows; mandates notice and reasonable opportunity to withdraw for female occupants not appearing in public.

Key Landmark Precedents:

State of Punjab v. Baldev Singh (1999) 6 SCC 172: The Supreme Court emphasised that statutory search protocols, including privacy safeguards for women occupants, are fundamental human rights.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Reiterated that premises searches to effect arrest must be documented through proper search memos and independent witnesses.

Courtroom Practice & Strategic Litigation Guidance:

Scrutinize the search memo. If male officers broke into residential premises without affording purdahnashin women opportunity to withdraw as mandated by the proviso to Section 44(2), raise a violation of fundamental privacy.