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The Code of Criminal Procedure, 1898

Section 48Procedure where ingress not obtainable

In forcePart III GENERAL PROVISIONSChapter V OF ARREST, ESCAPE AND RETAKING

Part III GENERAL PROVISIONS

Chapter V OF ARREST, ESCAPE AND RETAKING

A.-Arrest generally

s. 48

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 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: [Breaking open zanana] 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 police-officer 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.

End of s. 48. Not in the index for this Act: Schedule (sub).

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