46.
Arrest how made.
46. Arrest how made. (1) In making an arrest the police officer
or other person making the same shall actually touch or confine the
body of the person to be arrested, unless there be a submission to the
custody by word or action.
(2)If such person forcibly resists the endeavour to arrest him,
or attempts to evade the arrest, such police officer 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
imprisonment for life.
47.
Search of place entered by person sought to be arrested.
47.
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 subsection
(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