Under Section 48 of the Criminal Procedure Code (CrPC) 1898), a police officer is authorized to break open any outer or inner door or window of a house or place if entry cannot be obtained in the normal manner while... Read More
Under Section 48 of the Criminal Procedure Code (CrPC) 1898), a police officer is authorized to break open any outer or inner door or window of a house or place if entry cannot be obtained in the normal manner while executing a lawful arrest. This power is granted when the officer has already announced his authority and purpose, but entry is denied or obstructed by the person in charge of the premises.
The provision ensures that law enforcement officers can perform their duty effectively without being hindered by unlawful resistance or refusal. However, it also establishes a safeguard—before breaking open any door or window, the officer must first demand entry and clearly state the reason for it. Only after this demand is denied may force be used. This condition maintains a balance between the rights of citizens and the necessity of enforcing justice.
Section 48 complements Section 47 CrPC 1898, which allows lawful search of places where an accused is suspected to be hiding. Together, these sections outline the procedure for police officers to enter, search, and arrest while minimizing the possibility of misuse or violation of privacy.
By empowering officers to act decisively in specific situations, the law aims to ensure that justice is not obstructed and that offenders cannot escape by simply locking doors or refusing entry.
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