Prakhar srivastav HYDRA 27 April 2020

47(1)(3)

what is the section

Quick Summary

Section 47(1)(3) of the Criminal Procedure Code outlines the powers of police officers to search a place when arresting an individual. If a police officer has reason to believe a person to be arrested has entered a premises, they can demand entry and facilities for a search. If denied, they may break open doors or windows to gain access, particularly if lawfully inside and subsequently detained. A search memo is prepared and sent to the magistrate, who then forwards it to the owner or occupier, meaning the accused might not receive it until the trial.

2 Replies

Archit Uniyal 27 April 2020

Hi,

Can you please tell 47(1)(3) of which act or code?

Regards,
Archit

Karishma Yadav 27 April 2020

Greetings!

Thank you for you question.

Section 47 of Criminal Procedure Code talks about power of police to search a place entered by person sought to be arrested.

If a police officer having authority to arrest, has reason to believe that the person to be arrested has entered into and place, can demand the permission of free ingress thereto, and afford all reasonable facilities for a search therein.

If ingress to such place cannot be obtained, it shall be lawful for a police officer to enter such place and search therein, and to effect entrance, they can break open any door or window. This admittance is only allowed if even after notification of their authority and purposes, and demand of admittance duly made, they were not allowed.

Clause 3 of Section 47 lays that “Any police officer or other person authorized 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.”

A search of memo needs to be made and submitted to the magistrate. The magistrate sends the memo to the owner or occupier of the place. This owner may not be accused. Therefore, the accused may not get the memo at all, until the trial.

Hope this answers your question.

Regards,

Karishma Yadav