CrPC 47 to BNSS 44: Search of place entered by person sought to be arrested
Section 47 CrPC (1973) replaced by Section 44 BNSS (2023)
CrPC 47 to BNSS 44 at a Glance
Section 47 CrPC (Search of place entered by person sought to be arrested) is now Section 44 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 47 to BNSS 44?
Section 47 of the Code of Criminal Procedure, 1973 became Section 44 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 44 BNSS has the same heading and the same text as Section 47 CrPC, apart from a comma after Provided that in the proviso to Section 47(2) CrPC.
CrPC 47 vs BNSS 44: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 47 | 44 |
| Heading | Search of place entered by person sought to be arrested | Same |
| Sub-sections | 3 sub-sections | Same |
CrPC 47 and BNSS 44: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 47, CrPC 1973
47. Search of place entered by person sought to be arrested.—(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.
BNSS 2023 (in force)
Section 44, BNSS 2023
44. Search of place entered by person sought to be arrested.—(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.
When It Applies: CrPC 47 vs BNSS 44
Under CrPC 47
- Under Section 47(1) of the Code of Criminal Procedure, 1973, 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, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
- Under Section 47(2) CrPC, if ingress to such place cannot be obtained under Section 47(1) CrPC, 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.
- Under Section 47(2) CrPC, in order to effect an entrance into such place, the person or police officer may 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.
- Under the proviso to Section 47(2) CrPC, 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.
- Under Section 47(3) CrPC, 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.
Under BNSS 44
- Under Section 44(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
- Under Section 44(2) BNSS, if ingress to such place cannot be obtained under Section 44(1) BNSS, 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.
- Under Section 44(2) BNSS, in order to effect an entrance into such place, the person or police officer may 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.
- Under the proviso to Section 44(2) BNSS, 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.
- Under Section 44(3) BNSS, 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.
What CrPC 47 to BNSS 44 Means in Practice
From 1 July 2024, search of a place entered by a person sought to be arrested is found in Section 44 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 47 of the Code of Criminal Procedure, 1973. The text is the same: free ingress and reasonable facilities for a search on demand, breaking open a door or window if admittance cannot otherwise be obtained, notice to a female in actual occupancy of an apartment who, according to custom, does not appear in public, and breaking open a door or window to liberate a person detained therein.
FAQs: CrPC 47 to BNSS 44
Which section of the BNSS corresponds to Section 47 CrPC from 1 July 2024?▼
From 1 July 2024, Section 47 of the Code of Criminal Procedure, 1973 is found in Section 44 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 47(1) CrPC maps to Section 44(1) BNSS, Section 47(2) CrPC and its proviso map to Section 44(2) BNSS and its proviso, and Section 47(3) CrPC maps to Section 44(3) BNSS.
Did Section 44 BNSS change the conditions for breaking open a door or window compared to Section 47 CrPC?▼
No. Section 44(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and its proviso have the same text as Section 47(2) of the Code of Criminal Procedure, 1973 and its proviso, apart from a comma after Provided that in Section 47(2) CrPC.
Did Section 44 BNSS alter the power to break open doors or windows when detained inside a place after entering to make an arrest?▼
No. Section 44(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 47(3) of the Code of Criminal Procedure, 1973. 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.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·