Section 61 BNSS: Power, on escape, to pursue and retake (Formerly Section 60 CrPC)

Section 61 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power, on escape, to pursue and retake

Official Bare Act Text

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

(1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

(2) The provisions of section 44 shall apply to arrests under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

Legal Commentary & Landmark Judgments: Section 61

Section 61 empowers any person in whose lawful custody an offender is, if the offender escapes or is rescued, to immediately pursue and retake them in any place in India.

Lawful Custody & Escape: Escaping or being rescued from lawful police, judicial, or private custody.
Immediate Hot Pursuit: Custodian may pursue and recapture the fugitive anywhere in India.
Search Powers Applicable: Provisions of Section 44 regarding search of premises to effect arrest apply fully to recapturing escaped prisoners.

Key Landmark Precedents:

State of Karnataka v. K.A. Kunchindammed (2002) 9 SCC 90: Held that custodians possess complete statutory authority to pursue and retake escaped felons across any jurisdiction.
Public Prosecutor v. G. Sadagopan AIR 1953 Mad 441: Clarified the duties and powers of police sentries in recapturing escaping undertrials.

Courtroom Practice & Strategic Litigation Guidance:

In trials for escaping custody, the prosecution must establish that the original custody was lawful. If the underlying arrest was ultra vires, recapture under Section 61 cannot be validated.