Under Section 49 of the CrPC 1898, when may a police officer break open a door or window?

Section 49 of the Criminal Procedure Code (CrPC) 1898) empowers a police officer to break open any outer or inner door or window of a house or place when he is lawfully detained inside while performing his duty. This section applies in circumstances where the officer, after entering a building to make an arrest or conduct a search, finds himself confined or prevented from leaving by someone intentionally locking or barring the way.The section ensures that the officer’s lawful authority is protected and that no person can unlawfully restrict or detain a police officer while executing official duties. Once the officer is detained or locked inside during a lawful operation, he is legally justified to break open the door or window to secure his release and continue performing his official tasks.

This provision complements Sections 47 and 48, which deal with entry and search of premises and breaking open doors when entry is denied. Section 49 specifically addresses egress or exit—the right to leave a place when lawfully detained during duty. It reflects the principle that law enforcement officers must have the necessary authority to act efficiently and protect themselves from illegal confinement or obstruction.

By defining these powers, the law maintains a careful balance between personal liberty and enforcement authority, ensuring that officers can carry out their lawful duties without interference while also adhering to due legal process.

Key Facts:

• Section 49 CrPC 1898 allows a police officer to break open doors or windows when lawfully detained inside a place.


• The purpose is to enable escape from unlawful confinement during official duty.


• It applies after lawful entry for arrest or search operations.


• Complements Sections 47 and 48, which deal with entry and search procedures.


• Protects police officers from obstruction or illegal restraint.


• Must be exercised reasonably and within legal limits.


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


• Ensures effective execution of justice and officer safety.