Introduction to BNSS Section 44
BNSS Section 44 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 talks about what the police or any authorized person can do if they believe that a person who needs to be arrested is hiding inside a house or any place. This section allows the police to enter that place, search it, and even break doors or windows if entry is not allowed. But it also gives protection to women who may be inside the house, ensuring their privacy is respected.
What is BNSS Section 44 ?
BNSS Section 44 explains the procedure police or authorities must follow when searching a place where a person to be arrested is hiding or has entered. It ensures that while the law is enforced, people’s privacy, especially of women, is also respected. It allows the police to enter, search, and even break doors/windows if necessary, but only after following certain rules.
BNSS Section of 44 in Simple Points
1. Permission to Enter and Search a Place
If a police officer or someone with an arrest warrant believes that a person who needs to be arrested is inside a house or building, they can ask the people living there to let them enter and search. The people in charge of that place must allow them to come in and help with the search. This ensures that the police can perform their duty properly and without delay.
2. Right to Break In If Entry Is Denied
If the police are not allowed to enter, they can break open doors or windows to go inside—but only after they clearly say who they are and why they are there. This is important when waiting would give the accused a chance to run away. This part of the law makes sure the arrest is not stopped just because someone refuses to open the door.
3. Respect for Women’s Privacy
If the room or apartment is occupied by a woman who, according to traditional customs, does not appear before men in public (like in some cultures), the officer must give her a chance to leave the room first. The police must inform her and give her reasonable time to withdraw. Only then can they enter. This part of the law respects the privacy and dignity of women.
4. Authority to Break Out If Trapped
If the police or any other person who went inside to arrest someone gets locked or trapped inside the place, they are allowed to break open doors or windows to come out. This ensures their safety and allows them to continue doing their duty without being held up or harmed.
5. Applies to Any Property Where the Accused May Hide
It does not matter who owns the house or building. Even if the place belongs to someone else and not the person being arrested, the police can still enter and search it if they believe the accused is inside. The aim is to prevent criminals from escaping by hiding in someone else’s property.
Section 44 of BNSS Overview
BNSS Section 44 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 deals with the search of a place where a person to be arrested is believed to be hiding. It provides the legal procedure for entering and searching homes or buildings when the accused is suspected to be inside. The section also includes provisions to protect women’s privacy and to ensure that police act fairly while carrying out arrests.
BNSS Section 44 – Search of Place Entered by Person Sought to Be Arrested
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 lays down the rules and procedures a police officer must follow when a person to be arrested is suspected to be hiding in a house or premises. It ensures a balance between lawful authority and individual rights, especially in situations involving private residences and women’s privacy.
1. Right of Police to Enter and Search Premises
If the police officer or any person with an arrest warrant believes that the accused is hiding in a certain place, they have the right to enter and search that place. This authority ensures that offenders cannot escape justice by simply entering a private building. The law allows officers to demand access to any such premises where the accused is believed to be hiding. It gives legal power to search and investigate, preventing the accused from using a house as a shield.
2. Duty of Residents to Allow Police Entry
Anyone living in or managing the place where the accused is believed to be must cooperate with the police. On request, they are legally bound to allow free access for the search. Refusing to cooperate or blocking the search can be considered obstruction of justice. This rule ensures that innocent residents do not unknowingly or deliberately assist in hiding an accused person from arrest.
3. Police May Break Open Doors or Windows if Entry Is Denied
If the police are not allowed to enter even after giving a lawful demand, they are permitted to break open outer or inner doors or windows of that building. This is allowed under specific conditions — particularly if delaying would allow the accused to escape. However, officers must first clearly announce their purpose and authority. This legal measure ensures that the arrest is not delayed because of physical barriers.
4. Police Must Notify Before Forcible Entry
Before forcing their way into a house, the police must inform the people inside about their identity, purpose, and authority. They must give them a chance to allow peaceful entry. Only when this fails, the police are allowed to break in. This rule prevents misuse of power and ensures that the law respects private spaces unless there is urgent need. It also avoids unnecessary fear or confusion among the residents.
5. Protection of Women’s Privacy During Search
If the place is occupied by a woman who, due to tradition or culture, does not appear in public, the police must give her a chance to withdraw before entering. Officers must announce their presence and allow the woman to leave the room or apartment. This special provision respects the modesty and privacy of women. It reflects the law’s sensitivity toward cultural norms and gender dignity during search operations.
6. Force Allowed Only as a Last Option
The law allows police to use force only when all peaceful means fail. Officers must first make efforts to gain entry without damage. Force, like breaking a door, is permitted only if the arrest would otherwise be impossible. This ensures that the police do not misuse their powers and that citizens’ rights are not violated unnecessarily. Force must be reasonable, justified, and proportionate to the situation.
7. Rule Applies Even if Accused is in Someone Else’s House
It doesn’t matter whether the place belongs to the accused or not. If the police have reason to believe that the accused is hiding in someone else’s home or property, they can still enter and search it. This is to prevent criminals from escaping arrest by taking shelter with friends or relatives. The law empowers officers to act, while also expecting them to follow proper procedure.
8. Police Can Break Out If Trapped Inside
If a police officer or person authorized to arrest gets locked or trapped inside during an arrest attempt, they are allowed to break open the door or window to get out. This clause also applies if another person inside needs to be rescued. This ensures the safety of law enforcement officials and protects them from unlawful confinement. It also prevents interference in the arrest process by those who may try to obstruct it.
9. Arrest Must Not Be Delayed Due to Locked Premises
This section ensures that an arrest is not obstructed or delayed just because the accused is behind closed doors. If the situation demands immediate action, the police can enter by force. Delay could allow the person to escape, destroy evidence, or cause harm. The law empowers the officer to act swiftly and effectively to uphold justice. Speed and precision are key in arrest situations.
10. Balance Between Police Powers and Citizens’ Rights
BNSS Section 44 provides clear powers to police for arrest but also sets boundaries. Officers must follow legal steps like notification and seek peaceful cooperation before using force. At the same time, the privacy and dignity of individuals, especially women, are protected. This balance ensures law enforcement without violating basic human rights. The section promotes responsible policing in line with democratic values.
Example 1: Hiding Inside a Friend’s House
A man named Ramesh was accused of committing theft. The police had a valid arrest warrant and came looking for him. They got information that he was hiding inside his friend’s house. When the police reached there and knocked, the friend refused to let them enter. After warning and informing them of their authority, the police broke the door and went inside to arrest Ramesh.
This action is legal under BNSS Section 44 because the police had the authority to search and arrest, even if Ramesh was in someone else’s house.
Example 2: Respecting Woman’s Privacy
The police went to arrest a person accused of fraud. They found out he was hiding inside a house where a woman lived alone and followed traditional customs of not appearing in front of men. Before entering, the police gave her time and privacy to leave the room. Only after she stepped out did they enter and search for the accused.
This shows how BNSS Section 44 protects women’s dignity while allowing police to perform their duties lawfully.
Section 44 of BNSS Short Information
| Aspect | Details (Simple Explanation) |
|---|---|
| Section Name | Search of place entered by person sought to be arrested |
| Who can search? | Police officer or person with authority to arrest |
| When can they search? | If they believe the accused has entered or is inside the place |
| Duty of occupants | Must allow police to enter and search the place |
| If denied entry | Police can break open doors/windows after giving notice |
| Women’s privacy | Officers must give time to women (who follow customs) to withdraw before entering |
| Breaking out | Police can break doors/windows to escape if trapped inside |
| House ownership | Doesn’t matter who owns the house – if accused is inside, search is allowed |
| Use of force | Permitted only if peaceful entry is denied |
| Purpose | To ensure no accused escapes arrest by hiding in private places |
BNSS Section 44 FAQs
BNSS 44
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