CRIMINAL PROCEDURE AND EVIDENCE ACT physically restrain a person and remove him or her to a police station or charge office, and there detain that person for a period of not more than twenty-four hours, in either of the circumstances specified in subsection (2). (2) A police officer may exercise the powers referred to in subsection (1) in either of the following circumstances— (a) where the person concerned is found not to be in his or her sound or sober senses (whether by reason of intoxication or a mental disorder or defect) — (i) in a public place; or (ii) in a private place or private residence where the owner or any lawful occupier thereof requests the intervention of a police officer; or (b) where there are compelling reasons (the proof whereof rests with the police officer concerned) for so restraining, removing and detaining the person concerned: Provided that if a decision to charge a person so restrained, removed and detained with an offence is not made within twenty-four hours, the person must be released unconditionally no later than the expiry of that period. (3) Whenever the police exercise their powers in terms of subsection (1), the police shall as soon as possible, record in their occurrence book as defined [in] section 47 the particulars of the detained person and the reasons for such detention. [Section inserted by s. 11 of Act No. 2 of 2016] 40 Breaking open of doors after failure in obtaining admission for purpose of arrest or search It shall be lawful for any peace officer or private person, who by law is authorized to arrest any person known or suspected to have committed any offence, to break open for that purpose the doors and windows of, and to enter and search, any premises in which the person whose arrest is required is known or suspected to be: Provided that such officer or private person aforesaid shall not act under this section— (a) if directions, whether general or specific, to the contrary have been given to him by a superior officer or other person placed in authority over him; (b) unless he has previously failed to obtain admission after having audibly demanded admission and notified the purpose for which he seeks to enter such premises. 41 Arrest—how made, and search thereon of person arrested (1) In making an arrest, the peace officer or other person authorized to arrest shall actually touch or confine the body of the person to be arrested, unless there is a submission to the custody by word or action. (2) A peace officer or other person arresting any person under this Part may search that person, and shall place in safe custody all articles, other than necessary wearing apparel, found on him. (3) Any peace officer may take or cause to be taken the finger-prints, palm-prints, footprints and photographs of any person arrested upon any charge, and may take or cause to be taken such steps as he or she may think necessary in order to ascertain whether or not the body of any such person bears any mark, characteristic or distinguishing feature or shows any condition or appearance: Provided that no intimate or buccal sample may be taken from the person who has been arrested except— (a) in case of a buccal sample, by an authorised person at the request and in the presence of the peace officer; or (b) in the case of an intimate sample— (i) by a medical officer at the written request of a police officer of or above the rank of superintendent; or 26