(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.
Bharatiya Nagarik Suraksha Sanhita
Section 44
Search of place entered by person sought to be arrested
⚡ Quick Answer Reference: Section 44 BNSS
- Provision: Section 44 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: If a police officer has a warrant to arrest someone, they can enter a place where the person is believed to be and search it. The officer must ask permission to enter, but if they're refused, they can break in. However, if the place belongs to a woman who doesn't normally go out in public, the officer must give her a chance to leave before entering.
What does Section 44 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 44 of BNSS mean?
Plain English Explanation
If a police officer has a warrant to arrest someone, they can enter a place where the person is believed to be and search it. The officer must ask permission to enter, but if they're refused, they can break in. However, if the place belongs to a woman who doesn't normally go out in public, the officer must give her a chance to leave before entering.
Practical Interpretation
This section allows police officers to enter a place to search for someone they're trying to arrest, even if the owner or occupant doesn't want them to. The officer must follow certain procedures, like asking permission and giving notice to women who may be present.
Core Legal Purpose
The core purpose of this section is to provide police officers with the authority to enter a place to search for someone they're trying to arrest, while also protecting the rights of the owner or occupant and any women who may be present.
- •A police officer has a warrant to arrest someone.
- •The officer believes the person to be arrested is within a specific place.
- •The officer must ask permission to enter the place, but can break in if refused.
- •If the place belongs to a woman who doesn't normally go out in public, the officer must give her a chance to leave before entering.
Practical Example of Section 44 BNSS
Rajesh, a police officer, has a warrant to arrest Amit for a crime. He believes Amit is hiding in his house. Rajesh knocks on the door and asks to enter, but Amit's father refuses. Rajesh must give notice to any women present, such as Amit's mother, before breaking in to search for Amit.
Frequently Asked Questions about Section 44 BNSS
Q: What is the punishment or consequence under Section 44 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the authority of police officers to enter a place to search for someone they're trying to arrest.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 44 BNSS
What is Section 44 of BNSS?
Section 44 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Search of place entered by person sought to be arrested". In plain terms: If a police officer has a warrant to arrest someone, they can enter a place where the person is believed to be and search it. The officer must ask permission to enter, but if they're refused, they can break in. However, if the place belongs to a woman who doesn't normally go out in public, the officer must give her a chance to leave before entering.
What is the punishment under Section 44 of BNSS?
Section 44 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 44 of BNSS bailable or non-bailable?
Whether Section 44 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 44 of BNSS?
The essential elements of Section 44 of BNSS are: A police officer has a warrant to arrest someone.; The officer believes the person to be arrested is within a specific place.; The officer must ask permission to enter the place, but can break in if refused..
Landmark Judgments under Section 44 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 44
Ask Nyaya AI About Section 44
Select a pre-configured prompt to run this section through the grounded research engine.