Section 45 BNSS: Pursuit of offenders into other jurisdictions (Formerly Section 48 CrPC)

Section 45 of Bharatiya Nagarik Suraksha Sanhita, 2023: Pursuit of offenders into other jurisdictions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 45

Section 45 authorizes a police officer, for the purpose of arresting without warrant any person whom they are authorised to arrest, to pursue such person into any place in India.

Authority to Arrest Without Warrant: The officer has statutory authority to arrest for a cognizable offence under Section 35 BNSS.
Hot Pursuit: Pursuing an absconding offender who flees across police station, district, or state boundaries.
Pan-India Operation: Extends hot pursuit jurisdiction across all States and Union Territories of India.

Key Landmark Precedents:

State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335: Recognised the national reach of police hot pursuit under the Code, allowing officers to pursue felons escaping across state boundaries.
S.L. Goswami v. State of M.P. (1972) 3 SCC 415: Affirmed that inter-state pursuit to execute lawful arrests is legally authorized, but local transit remand rules must be respected.

Courtroom Practice & Strategic Litigation Guidance:

While pursuit is nationwide, once the accused is arrested in another State, the police must obtain a Transit Remand from the nearest local Magistrate under Article 22(2) before transferring the accused out of that State.