Question

The police officer executing the warrant may use adequate force to access the place where search is to be conducted when

• A. A free ingress is not possible
• B. The occupant of the place is a hardened criminal and there is possibility to escape
• C. The area is in such a nature that problem may arise at any time
• D. None of these

Hint:

Procedural laws like CrPC and CPC are very specific about the conditions and prerequisites for actions like search, seizure, and arrest. Focus on the exact language of the sections, as questions often test these specific conditions.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question deals with the powers of a police officer while executing a search warrant, specifically the circumstances under which they are legally permitted to use force to enter a property. This is governed by the Code of Criminal Procedure, 1973 (CrPC).
Step 2: Key Formula or Approach:
The relevant provision is Section 47 of the CrPC, which deals with the search of a place entered by a person sought to be arrested. The principles of this section are also applicable to executing search warrants.
Section 47(1): It states that any police officer with authority to arrest may enter any place where the person to be arrested has entered. The person residing in or in charge of the place shall, on demand, allow him free ingress and all reasonable facilities for a search.
Section 47(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... 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."
Step 3: Detailed Explanation:
The law requires the police officer to first demand entry. Only if "free ingress is not possible" or admittance is refused after announcing their purpose, are they authorized to use force, such as breaking open a door. The other options, like the occupant being a hardened criminal or the area being problematic, are not the legal prerequisites for using force to enter. The sole legal condition is the inability to gain peaceful entry after proper demand.
Step 4: Final Answer:
The police officer may use adequate force to access the place when a free ingress is not possible.