The purpose of the power given in Section 49 is to:

The purpose of the power given in Section 49 of the Criminal Procedure Code (CrPC) 1898) is to liberate a police officer or any authorized arrester who is lawfully detained inside a place while carrying out his official duties. This provision recognizes that during the process of executing an arrest or conducting a search, the officer may be unlawfully confined, locked in, or otherwise restrained by individuals seeking to prevent justice.

To address such situations, Section 49 empowers the officer—or any authorized person executing a lawful arrest—to break open doors or windows to secure freedom and continue their lawful duty. This ensures that no person can obstruct or restrain a law enforcement officer from performing official responsibilities.

The section safeguards both the authority and safety of officers performing their duties under legal authorization. It complements the earlier provisions of Sections 47 and 48, which relate to entering premises and overcoming denial of entry. While those sections deal with entry for arrest, Section 49 focuses on exit or release—allowing an officer to free himself from unlawful confinement.

This law reinforces the idea that lawful authority should never be hindered by unlawful resistance, maintaining the integrity of justice and ensuring smooth functioning of law enforcement processes.

Key Facts:

• Section 49 CrPC 1898 permits breaking open doors or windows to liberate a detained officer or authorized arrester.


• Applies when the officer is lawfully inside but is unlawfully detained or confined.


• Ensures that no one can obstruct a lawful arrest or search operation.


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


• Complements Sections 47 and 48, which cover entry and forced access.


• Protects officer safety and lawful performance of duty.


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


• Reflects the principle that justice must not be hindered by unlawful restraint.