Section 44 BNSS 2023: Search of Place Entered by Person Sought to be Arrested
Section 44 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with entry and search of a place where a person sought to be arrested is believed to be present. It requires persons residing in or in charge of the place to provide access and reasonable search facilities, and it also regulates forced entry, safeguards for certain women occupying private apartments, and breaking open doors or windows to free a person lawfully detained inside.
What is Section 44 BNSS?
Section 44 regulates the search of premises for a person who is to be arrested. The provision applies where a person acting under a warrant of arrest, or a police officer otherwise having authority to arrest, has reason to believe that the person sought is inside a particular place.
Key legal terms under Section 44
Warrant of arrest: A formal judicial authorization directing the arrest of a person according to law.
Authority to arrest: Lawful power vested in a police officer or other person to arrest the person concerned under the BNSS or another applicable law.
Reason to believe: A legally relevant belief based on circumstances or information sufficient to justify acting under the provision; it is more than a mere unsupported suspicion.
Free ingress: Unobstructed entry into the place for the lawful purpose of making the arrest and conducting the permitted search.
Reasonable facilities for search: Practical assistance and access reasonably necessary to enable the authorized person to search the place for the person sought to be arrested.
Notification of authority and purpose: Before forced entry under subsection (2), the officer or authorized person must announce the lawful authority and purpose and make a demand for admittance, unless the statutory circumstances permit otherwise only after those steps have been taken and entry is still denied.
Text of Section 44 - Search of place entered by person sought to be arrested
44. (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.
Duty of the occupier or person in charge
Under subsection (1), when the statutory conditions are satisfied and a demand is made, a person residing in or in charge of the place must allow free ingress and provide all reasonable facilities for a search. The duty arises only in the context of a lawful attempt to arrest a person believed to be inside.
When may entry be forced?
Subsection (2) applies where access cannot be obtained under subsection (1). In the circumstances specified by the provision, a police officer may enter and search the place, and may break open an outer or inner door or window when entry cannot otherwise be obtained after notification of authority and purpose and a proper demand for admittance.
The subsection also addresses situations in which a warrant may issue but cannot be obtained without giving the person sought an opportunity to escape. The power is therefore tied to the statutory conditions and is not a general authority to enter premises without lawful basis.
Safeguard for a woman occupying a private apartment
The proviso to subsection (2) provides an additional safeguard where the place to be entered is an apartment in the actual occupancy of a female, other than the person to be arrested, who according to custom does not appear in public.
Before entering such an apartment, the person or police officer must give notice to the woman that she is at liberty to withdraw and must afford every reasonable facility for her to do so. Only thereafter may the apartment be broken open and entered in accordance with the provision.
Breaking open a door or window to obtain release
Subsection (3) addresses the reverse situation. A police officer or other person authorized to make an arrest may break open an outer or inner door or window in order to free himself or another person who lawfully entered the premises for the purpose of making an arrest and is then detained inside.
Relationship with other arrest provisions
Section 44 should be read with Section 43 BNSS on how arrest is made, Section 45 BNSS on pursuit of offenders into other jurisdictions, Section 46 BNSS on unnecessary restraint, and Section 47 BNSS on informing an arrested person of the grounds of arrest and the right to bail.
Section 44 BNSS at a glance
- Applies when an authorized person has reason to believe that the person sought to be arrested is inside a place.
- The resident or person in charge must, on lawful demand, allow free ingress and reasonable search facilities.
- Forced entry may be used only in the circumstances and manner stated in subsection (2).
- Before breaking open a door or window, authority and purpose must be notified and admittance duly demanded where the provision requires those steps.
- A special safeguard applies to certain women occupying private apartments who are not the persons sought to be arrested.
- An authorized arresting person may break open doors or windows to free himself or another person lawfully detained inside after entering to make an arrest.
Official legal resources
This page provides general legal information. The legality of entry, search, forced entry, or arrest in a particular case depends on the authority to arrest, the existence and scope of any warrant, the factual basis for the belief that the person is inside, compliance with Section 44, and other applicable statutory and constitutional safeguards.