Section 44 BNSS: Search of place entered by person sought to be arrested
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 44 BNSS at a Glance
Section 44 BNSS deals with search of place entered by person sought to be arrested. It replaced Section 47 CrPC on 1 July 2024.
Section 44 BNSS 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.
Source: Section 44, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 44 BNSS in Simple Words
Section 44 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the search of a place that a person sought to be arrested has entered. It applies when a person acting under a warrant of arrest, or a police officer having authority to arrest, has reason to believe that the person to be arrested is in a place. Whoever lives in the place, or is in charge of it, shall on demand allow free entry and afford all reasonable facilities for a search. If entry cannot be obtained under Section 44(1) BNSS, it is lawful for a person acting under a warrant to enter the place and search it.
It is also lawful for a police officer to do so in any case in which a warrant may issue but cannot be obtained without giving the person to be arrested an opportunity of escape. To get in, the person or officer may break open any outer or inner door or window of any house or place, whether it belongs to the person to be arrested or to anyone else. This may be done if, after notifying the person or officer's authority and purpose and duly demanding admittance, admittance cannot otherwise be obtained. The proviso covers an apartment in the actual occupancy of a female who is not the person to be arrested and who, according to custom, does not appear in public.
Before entering such an apartment, the person or police officer shall give notice that the female is at liberty to withdraw, and shall afford the female every reasonable facility for withdrawing. The apartment may then be broken open and entered. 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. This is allowed in order to free the officer or person, or any other person, who lawfully entered to make an arrest and is detained there.
When Section 44 BNSS Applies
- 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.
Example of Section 44 BNSS
When Section 44 BNSS Does Not Apply
- Section 44(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person acting under a warrant of arrest, or a police officer having authority to arrest, who has reason to believe that the person to be arrested has entered into, or is within, the place. It does not deal with a case where there is no such reason to believe.
- The power in Section 44(2) BNSS to break open a door or window applies if after notification of authority and purpose, and demand of admittance duly made, admittance cannot otherwise be obtained. It does not deal with a case where admittance is obtained.
- Section 44(3) BNSS speaks of a person who, having lawfully entered for the purpose of making an arrest, is detained therein. It does not deal with a person who has not lawfully entered for that purpose.
Section 44 BNSS in the CrPC (Previous Law)
Section 44 BNSS replaced Section 47 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 44 BNSS
Who is required to allow entry and search facilities under Section 44 BNSS?▼
Under Section 44(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, any person residing in, or being in charge of, such place shall, on demand of the person acting under a warrant of arrest or the police officer having authority to arrest, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
When can doors or windows be broken open to enter a place under Section 44 BNSS?▼
Under Section 44(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in order to effect an entrance into such place, any outer or inner door or window of any house or place may be broken open, whether that of the person to be arrested or of any other person, if ingress cannot be obtained under Section 44(1) BNSS and if after notification of authority and purpose, and demand of admittance duly made, admittance cannot otherwise be obtained.
What does Section 44 BNSS say about an apartment in the actual occupancy of a female who, according to custom, does not appear in public?▼
Under the proviso to Section 44(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
What changed from Section 47 CrPC to Section 44 BNSS from 1 July 2024?▼
From 1 July 2024, Section 44 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 47 of the Code of Criminal Procedure, 1973. 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.
Section 44 BNSS: Sub-sections Explained
Section 44(1) BNSS: Search of place entered by person sought to be arrested
▶
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.
Section 44(2) BNSS: Search of place entered by person sought to be arrested
▶
Bare Act Text
(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.
Section 44(3) BNSS: Search of place entered by person sought to be arrested
▶
Bare Act Text
(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.
Have questions about Section 44 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·