Search of place entered by person sought to be arrested
Section 47 of the Code of Criminal Procedure, 1973 deals with search of place entered by person sought to be arrested. If any person acting under a 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 afores The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) If any person acting under a 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 subsection (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 person 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.
Section 47, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 44 Search of place entered by person sought to be arrested Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… It is further submitted that there is nothing on record to show that the accused Rajeev Narayan Jaiswal was present in the house. The search was made at 02:55 am of intervening night and no compliance of Section 47 of the Code of Criminal Procedure was made while making search of the accused to arrest him. The learned Trial Court has not given any cogent reason of rejecting the discharge application of the petitioners while no alleged offence is made out from the evidence collected by the Investigating Officer. 4. The …
-
… It was well within the right of the petitioners to have filed an appeal challenging the ex-parte order of eviction. However, without doing so and allowing the order to attain finality the petitioners cannot now question the exparte order by filing an application under Section 47 of the code of Criminal Procedure Code. The petitioners have not made out a case that the decree which has been obtained by the respondent is a nullity and therefore cannot be executed. The Hon'ble Supreme Court of India in the judgment reported in 2017 (3) LW page 751 has held as follows: ''It was reiterated …
-
… The learned JMFC, Palghar has rejected the application on the ground that the offence is triable by the Court Talwalkar 2/7 of Sessions and therefore, the Magistrate has no power to release the property. Hence, the application under Section 47 of the Code of Criminal Procedure, 1973 is rejected. 5 Being aggrieved by the said order the applicant herein filed revision before the Sessions Court at Palghar. Learned Sessions Court has declined to interfere with the order passed by the learned JMFC. According to the learned Sessions Court, the applicant had …
Questions about Section 47
What does Section 47 of the Code of Criminal Procedure deal with?
Section 47 of the Code of Criminal Procedure is headed "Search of place entered by person sought to be arrested". If any person acting under a 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 afores
How do I find court cases under Section 47 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 47, section 47 CRPC, section 47 of the Code of Criminal Procedure. People searching for it also type crpc 47 in bnss. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 47 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 44 (Search of place entered by person sought to be arrested), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 47 of the Code of Criminal Procedure come into force?
Section 47 of the Code of Criminal Procedure, cited as CRPC 47, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.