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44. Search of place entered by person sought to be arrested.
(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance:
Provided that if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
1. Getting permission to search:
If the police think someone they are trying to arrest is in a building, they can ask the person in charge of the building to let them in and search. The person in charge must let them in and help with the search.
2. Entering without permission:
If the police can't get permission to enter a building, they can break down doors or windows to get in if:
However, if the building is a private space where women usually stay who don't go out in public, the police must tell the woman she can leave before they go in. They must give her time to leave and then they can break down the door.
3. Breaking down doors to escape:
The police can break down doors to escape if they or someone else is trapped inside after going in to make an arrest.
