Right of Entry in any place in order to effect arrest.

Right of Entry (Criminal Procedure Act, Cap. 20 R.E. 2022)

Section 19 addresses the circumstances under which a person acting under a warrant or a police officer with arrest authority can enter a house or place to effect an arrest.

Subsection (1) allows the person acting under a warrant or a police officer, who has reason to believe that the person to be arrested is inside a particular house or place, to demand admission from the person residing or in charge of that location. The person in charge must allow free entry and provide reasonable facilities for a search within the premises to effect the arrest.

Subsection (2): If entry cannot be obtained by the person or police officer under subsection (1), they are still permitted to force entry into the house or place. This may involve breaking open any doors or windows, either of the person to be arrested or another, to effect the arrest. This is allowed if there is a risk that the person to be arrested could escape before a warrant can be obtained.

Subsection (3): Special provisions are made for cases where the place is an apartment occupied by a woman who customarily does not appear in public. In such cases, the police officer or person acting under the warrant must notify the woman that she has the right to withdraw before entering the apartment. After giving the woman the opportunity to withdraw, the officer may proceed to break into the apartment if necessary.

Section 20 grants police officers or any other authorized person the power to break out of a place if they or another person, who has lawfully entered the premises to make an arrest, become detained inside the place. This provision ensures that the officer or authorized person can free themselves or others from any unlawful detention while performing their duties related to an arrest.

In essence, it protects law enforcement and authorized personnel from being unlawfully confined while carrying out their lawful responsibilities.