(2) Resisting endeavour to arrest. If such person forcibly resists the endeavour to arrest him, or
attempts to evade the arrest, such policeofficer or other person may use all means necessary to effect the
arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence
punishable with death or with 1[imprisonment for life].
47. Search of place entered by person sought to be arrested. If any person acting under a warrant of
arrest, or any policeofficer having authority to arrest, has reason to believe that the person to be arrested
has entered into, or is within, any place, the person residing in, or being in charge of, such place shall, on
demand of such person acting as aforesaid or such policeofficer, allow him free ingress thereto, and afford
all reasonable facilities for a search therein.
48. Procedure where ingress not obtainable. If ingress to such place cannot be obtained under section
47 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
policeofficer 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 can not otherwise obtain admittance:
Breaking open zenana. Provided that, if any such place is an apartment in the actual occupancy of a
woman (not being the person to be arrested) who, according to custom, does not appear in public such
person or policeofficer shall, before entering such apartment, give notice to such woman 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.
49. Power to break open doors and windows for purposes of liberation. Any policeofficer or other
person authorized 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.
50. No unnecessary restraint. The person arrested shall not be subjected to more restraint than is
necessary to prevent his escape.
51. Search of arrested persons: Whenever a person is arrested by a policeofficer under a warrant
which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but
the person arrested cannot furnish bail, and
whenever a person is arrested without warrant, or by a private person under a warrant, and cannot
legally be admitted to bail, or is unable to furnish bail,
the officer making the arrest or, when the arrest is made by a private person, the policeofficer to whom
he makes over the person arrested, may search such person, and place in safe custody all articles, other than
necessary wearingapparel, found upon him.
1 Subs. by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s.2 and ., Sch. for “transportation for life” (w.e.f 13472).
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