Prakhar srivastav HYDRA 27 April 2020
Karishma Yadav 27 April 2020
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.