CrPC Section 47
Section 47 CrPC – Search of a Place Entered by Person Sought to Be Arrested
This section deals with the powers of the police (or the person making an arrest) to search and enter a place if the accused or offender is hiding there.
Key Points of Section 47
Authority to Enter and Search
If a person who needs to be arrested has entered into or is suspected to be inside a house, building, or any enclosed place, the person making the arrest (usually police) can enter that place to search and arrest him.
Demand for Entry
Before entering, the police officer must demand entry from the person in charge or occupier of that place.
Example: Police knock at the door and ask the owner/occupier to allow entry to arrest the accused.
Use of Force if Entry is Refused
If the place is not opened on demand, the police may break open the door, window, or any part of the place to gain entry.
They can use reasonable force to enter.
Female Occupant Special Protection
If the place is in the charge of a woman who, according to custom, does not appear in public, then:
Before entering, the police must give notice to her to withdraw.
After giving her reasonable time, only then can they enter by force if needed.
Right to Break Out
If the person to be arrested is inside and tries to escape by running away, or hides inside, the police can also break open any outer or inner door or window to leave the place with the arrested person.
Purpose of Section 47
Prevents criminals from avoiding arrest by hiding in private premises.
Balances police powers with individual rights by requiring:
Prior demand for entry.
Special protection for women under custom.
Use of reasonable force only when necessary.
Example for Better Understanding
Suppose an accused person wanted in a theft case runs into his friend’s house and locks the door.
The police arrive and ask the house owner to let them in.
If the owner refuses, the police can break open the door to arrest the accused.
If a woman (who does not appear in public) is in charge of the house, police must first give her notice to withdraw, then they can enter.
After arrest, if the accused tries to escape through the back door, the police can also break open that way to take him out.
✅ In short: Section 47 gives the police the power to enter and search a house/building to arrest a person hiding inside, but with conditions—first demand entry, protect the rights of women, and use force only when necessary.
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