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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter V: Arrest Of Persons

Section 44 BNSS: Search of place entered by person sought to be arrested

Corresponding CrPC
Section 47 CrPC

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 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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Allows a person acting under an arrest warrant, or a police officer with power to arrest, to enter and search a place where the person sought is believed to be. Occupants must allow free entry and reasonable facilities, and deals with what may be done if entry cannot otherwise be obtained.

Chapter V: Arrest Of Persons

  1. 35 When police may arrest without warrant
  2. 36 Procedure of arrest and duties of officer making arrest
  3. 37 Designated police officer
  4. 38 Right of arrested person to meet an advocate of his choice during interrogation
  5. 39 Arrest on refusal to give name and residence
  6. 40 Arrest by private person and procedure on such arrest
  7. 41 Arrest by Magistrate
  8. 42 Protection of members of Armed Forces from arrest
  9. 43 Arrest how made
  10. 44 Search of place entered by person sought to be arrested
  11. 45 Pursuit of offenders into other jurisdictions
  12. 46 No unnecessary restraint
  13. 47 Person arrested to be informed of grounds of arrest and of right to bail
  14. 48 Obligation of person making arrest to inform about arrest, etc., to relative or friend
  15. 49 Search of arrested person
  16. 50 Power to seize offensive weapons
  17. 51 Examination of accused by medical practitioner at request of police officer
  18. 52 Examination of person accused of rape by medical practitioner
  19. 53 Examination of arrested person by medical officer
  20. 54 Identification of person arrested
  21. 55 Procedure when police officer deputes subordinate to arrest without warrant
  22. 56 Health and safety of arrested person
  23. 57 Person arrested to be taken before Magistrate or officer in charge of police station
  24. 58 Person arrested not to be detained more than twenty-four hours
  25. 59 Police to report apprehensions
  26. 60 Discharge of person apprehended
  27. 61 Power, on escape, to pursue and retake
  28. 62 Arrest to be made strictly according to Sanhita