47
47
Search of place entered by person sought to be arrested
Code of Criminal Procedure, 1973
Chapter V Arrest of Persons
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsSearch And SeizureArrest ProcedurePolice PowersWarrantPrivacy
🗣️ Simple Explanation
What does this law say?
Section 47 of the CrPC talks about searching a place to arrest someone. If the police think a person they want to arrest is inside a place, they can enter and search it. They must ask for permission first.
Why does this law exist?
This law helps the police catch people who have committed crimes. It allows them to search places where the suspect might be hiding. It balances the need for law enforcement with respect for privacy.
Real-life impact
This means the police can enter your home to arrest someone. They must follow specific rules. They must announce their presence and purpose. They must respect the privacy of women.
What happens if you break this law?
This section doesn't have a specific punishment. It focuses on the police's actions. If the police break the rules, the search might be considered illegal.
💡 Real Life Example
Amit is suspected of online fraud. The police believe he is hiding in his house. They can enter his house to arrest him after proper notice. Legal consequence: Amit will be arrested.
Sneha is hiding a wanted criminal in her house. The police arrive with a warrant. They can enter her house to arrest the criminal. Legal consequence: The criminal will be arrested.
🛡️ KNOW YOUR RIGHTS
- •Know that the police must have a warrant or reason to believe the person is inside.
- •Refuse entry if the police do not have a warrant.
- •Demand to see the warrant if the police have one.
- •Know that the police must announce their presence and purpose.
- •If a woman is present, she must be given a chance to withdraw.
❓ FREQUENTLY ASKED QUESTIONS
Section 47 of the CrPC allows the police to search a place to arrest someone. If they believe a person is inside, they can enter and search. They must ask for permission first. If they are denied entry, they can break in after announcing their presence. This ensures the police can catch criminals.
Yes, the police can break into your house under Section 47. They must have a warrant or reason to believe the person they are arresting is inside. They must announce their presence and purpose. They must give notice before entering. They must respect the privacy of women.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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