The power to break open under Section 49 applies to which category of persons?

Under Section 49 of the Criminal Procedure Code (CrPC) 1898), the power to break open any outer or inner door or window is not limited to police officers alone. It extends to any person who is authorized by law or by a warrant to make an arrest, commonly referred to as an authorized arrester. This category includes police officers, court officers, or even private persons when legally empowered to arrest under specific circumstances defined in the CrPC.

This provision ensures that anyone performing a lawful arrest cannot be unlawfully confined, obstructed, or detained. If such a person—while executing their lawful authority—is detained inside a building or room, he has the legal right to break open the door or window to free himself and continue the performance of his duty. The objective of this section is to protect lawful authority and ensure that the enforcement of justice is not hindered by deliberate resistance or unlawful restraint.Section 49 thus broadens the scope of arrest-related powers, emphasizing that the privilege of breaking open barriers is tied to lawful authority, not to a specific rank or title. It complements the preceding sections (47 and 48) that define entry, search, and forced entry procedures.

This ensures that all persons empowered to arrest, whether police or otherwise, can act effectively in situations where resistance or illegal confinement occurs.

Key Facts:

• Section 49 CrPC 1898 grants the power to break open doors or windows when the arrester is lawfully detained inside.


• The power applies to any authorized arrester, not just police officers.


• Such authorization may come from law or a valid warrant.


• The right is to protect lawful authority and officer safety.


• Complements Sections 47 and 48 regarding entry and search of premises.


• Ensures no obstruction to the execution of lawful arrests.


• Must be exercised reasonably and within the limits of legality.


• Falls under Chapter V – Arrest, Escape, and Retaking of CrPC 1898.