Section 44: Search of place entered by person sought to be arrested
Section 44: Search of place entered by person sought to be arrested
Section 44 governs the procedure and authority of law enforcement officers to conduct searches at locations where individuals, who are subject to arrest, may be found. This section delineates the circumstances under which such searches may be carried out and imposes specific duties on law enforcement officers to ensure accountability and protection of individual rights during the process.
A police officer or any person acting under a valid warrant can enter the premise if he has reasonable grounds to believe that the person to be apprehended is inside the premise. The person in charge of the premise is duty-bound to permit the officers to access the premises without obstruction for searching.
If entry is refused, then the officer is allowed to enter the premises by force in order to conduct the search. This is not limited to, but may include, breaking doors or windows. The officer must,
however, notify the authority under which they are acting and make a formal request for entry.
If the premises being searched includes an apartment occupied by a woman who is not customarily seen in public, the officer must inform the woman of her right to withdraw from the premises before the search commences. This provision is specifically designed to ensure the protection of privacy and maintain respect for decency, especially in sensitive circumstances.
A law enforcement officer may break open any doors or windows to gain lawful access to a premises, either internally or externally, for the purpose of arrest where his ability to effectuate the arrest is being thwarted.
Before carrying out any search, the officer is supposed to summon independent, respected local residents who will act as witnesses. This is to ensure that the whole process of searching is transparent and accountable. These witnesses are supposed to be there to witness the whole process of the search to ensure that the rights of the person being searched are not violated.
A detailed and comprehensive list of all items seized during the search must be prepared. This list should be signed by the witnesses present and provided to the occupant of the premises. Additionally, if a person is searched personally, they must be given a copy of the list of items seized from their person.
