Authorizes entry and search of premises where a person to be arrested is believed to have entered or concealed himself.
Ensures effective execution of arrest while balancing privacy safeguards during search operations.
Introduction
Section 44 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a police officer or person authorized to make an arrest to enter and search any place where the person sought to be arrested is believed to have entered or is concealing himself. The provision ensures that arrest powers remain effective even when an accused attempts to evade custody by taking shelter inside private premises.
The section operates within the framework of procedural fairness guaranteed under Article 21 of the Constitution of India, which requires lawful and reasonable methods while restricting personal liberty.
Objective of the Provision
The objectives of Section 44 BNSS are
- to enable effective execution of lawful arrest
- to prevent evasion of arrest by concealment inside premises
- to authorize entry into places where the accused is hiding
- to regulate the procedure for breaking open doors when necessary
The provision ensures that arrest authority is not frustrated by physical obstruction.
Meaning / Concept
Search of Place for Arrest
This section permits entry into premises when there is reasonable belief that a person to be arrested is inside. It applies whether the arrest is with or without a warrant.
Authority to Break Open Doors
If access is denied after proper demand for entry, the officer may use necessary force to enter the premises, subject to statutory safeguards.
Thus, the section balances enforcement necessity with privacy protections.
Detailed Explanation of the Section
Section 44 BNSS provides that
- where a person acting under a warrant of arrest, or authorized to arrest without warrant, has reason to believe that the person to be arrested has entered or is within any place
- such person may demand entry to that place
- the person in charge of the premises must allow free ingress and provide reasonable facilities for search
If entry is refused
- the officer may break open doors or windows to gain access after notifying authority and purpose
However, where the premises are occupied by a woman who, according to custom, does not appear in public
- reasonable opportunity must first be given to her to withdraw
- only thereafter may entry be made
Key features include
- applicability to arrests with or without warrant
- requirement of reasonable belief of presence of accused
- obligation of occupants to permit entry
- authority to break open doors when access is denied
- special protection for women observing seclusion customs
These safeguards ensure lawful and respectful execution of arrest-related searches.
Procedure or Legal Framework
The procedure under Section 44 BNSS generally includes
- formation of reasonable belief that accused is inside specified premises
- demand for entry by arresting authority
- voluntary compliance by occupant, or refusal of entry
- notice of authority and purpose before forced entry
- provision of opportunity for withdrawal of women observing seclusion
- use of reasonable force if entry continues to be denied
- search of premises for the person sought to be arrested
This structured approach ensures legality of entry during arrest execution.
Judicial Interpretation
Courts have consistently emphasized that search of premises for arrest must follow statutory safeguards and respect privacy rights.
In State of Punjab v. Balbir Singh (1994) 3 SCC 299, the Supreme Court held that procedural safeguards governing searches must be strictly followed to ensure legality of investigative action.
In District Registrar and Collector v. Canara Bank (2005) 1 SCC 496, the Court recognized privacy as an important constitutional interest requiring lawful justification before entry into private premises.
In K.S. Puttaswamy v. Union of India (2017) 10 SCC 1, the Supreme Court affirmed the right to privacy as a fundamental right, requiring searches to satisfy legality, necessity, and proportionality.
These principles guide interpretation of search powers exercised under Section 44 BNSS.
Importance of the Provision
Section 44 BNSS is important because
- it prevents accused persons from evading arrest by hiding inside premises
- it authorizes lawful entry for execution of arrest
- it ensures procedural safeguards during forced entry
- it protects privacy interests through structured limitations
- it provides special safeguards for women occupants
The provision ensures effective enforcement of arrest powers without compromising constitutional protections.
Connection with Other Sections
Section 44 BNSS operates alongside related provisions governing arrest and search
- Section 35 BNSS – When police may arrest without warrant
- Section 43 BNSS – Arrest how made
- Section 45 BNSS – Pursuit of offenders into other jurisdictions
- Section 100 BNSS – Persons in charge of closed place to allow search
Corresponding Provision under Old Law
Section 44 BNSS corresponds to Section 47 of the Code of Criminal Procedure, 1973.
Illustrative Example
Police officers attempt to arrest a person accused of cheating who has entered a residential house to avoid arrest. After forming reasonable belief that the accused is inside, the officers demand entry. When access is denied, they inform the occupants of their authority and purpose and then enter the premises using necessary force. The search conducted is lawful under Section 44 BNSS.
Conclusion
Section 44 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers authorized officers to enter and search premises where a person sought to be arrested is believed to be hiding. By permitting reasonable force after refusal of entry and providing safeguards for privacy and dignity, especially of women occupants, the provision ensures effective execution of arrest within constitutional limits.
