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Criminal Procedure Code QUESTION #9534
Question 1
A seeks to execute a decree through arrest of the judgment-debtor B. A's officer goes to B's house at 9 PM to arrest him. B's house is locked from inside and B refuses to open the door. The officer breaks open the outer door and arrests B. Is this procedure lawful?
  • No; only the police can break open a door
  • Yes; an officer can break any door at any time to effect arrest
  • Yes; but only if a warrant was obtained
  • No; Section 55 CPC prohibits entry into a dwelling-house after sunset and before sunrise for the purpose of making an arrest; the arrest effected after sunset by breaking the outer door is in violation of the proviso to Section 55(1)✔️
Correct Answer Explanation
Section 55(1) CPC, first proviso, expressly prohibits entry into a dwelling-house for arrest after sunset and before sunrise. Entry at 9 PM violates this mandatory provision, making the arrest procedurally illegal, regardless of whether B refused to open the door.