Section 44 of BNSS : Section 44: Search of place entered by person sought to be arrested.

Explanation using Example

Example 1:

Scenario: A police officer has a warrant to arrest Mr. Sharma, who is suspected of embezzlement. The officer arrives at Mr. Sharma's residence but is informed by the housekeeper that Mr. Sharma is inside and refuses to come out.

Application of Section 44:

1. The police officer demands entry into the house to arrest Mr. Sharma.
2. The housekeeper, being in charge of the place, must allow the officer to enter and provide reasonable facilities for the search.
3. If the housekeeper refuses to allow entry, the officer, after notifying his authority and purpose, can break open the door to enter and arrest Mr. Sharma.

Example 2:

Scenario: A police officer is pursuing Ms. Gupta, who is wanted for fraud. Ms. Gupta runs into her friend's house to hide. The officer arrives at the friend's house and demands entry.

Application of Section 44:

1. The officer informs the friend of his authority and purpose and demands entry to search for Ms. Gupta.
2. The friend must allow the officer to enter and provide reasonable facilities for the search.
3. If the friend refuses, the officer can break open the door to enter and search for Ms. Gupta, provided he has notified his authority and purpose.

Example 3:

Scenario: A police officer has a warrant to arrest Mr. Khan, who is hiding in a house where a woman who follows purdah (a custom where women do not appear in public) resides.

Application of Section 44:

1. The officer demands entry into the house and notifies the woman of his authority and purpose.
2. The officer must give the woman reasonable time and facilities to withdraw to a private area before entering.
3. After ensuring the woman has withdrawn, the officer can break open the door to enter and arrest Mr. Khan.

Example 4:

Scenario: A police officer lawfully enters a house to arrest Mr. Patel but is locked inside by Mr. Patel's accomplices.

Application of Section 44:

1. The officer, being lawfully inside the house, can break open any inner or outer door or window to liberate himself.
2. The officer can also break open doors or windows to free any other person who is lawfully inside for the purpose of making an arrest and is detained therein.