Section 44 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS), Bare Act:
Search of place entered by person sought to be arrested.
(1) If any person acting under 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 persons 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.
Read https://www.myjudix.com/blog to get access to brief analysis of latest case laws and access to top legal articles and updated bare acts.
Section 45 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Pursuit of offenders into other jurisdictions.
A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.
Section 46 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
No unnecessary restraint.
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Section 47 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Person arrested to be informed of grounds of arrest and of right to bail.
(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
Explore myjudix.com to get access to the most practical and efficient judiciary coaching in India with a separate customised course for prelims and separate customized course for mains.
Section 48 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Obligation of person making arrest to inform about arrest, etc., to relative or friend.
(1) Every police officer or other person any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or mentioned by the arrested person for the purpose of giving such information and also to the designated police officer in the district.
(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may, by rules, provide.
(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.
Section 49 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Search of arrested person.
(1) Whenever,—
(i) a person is arrested by a police officer under a warrant which does not
provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and
(ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail,
the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.
(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.
Comentarios