What Is BNSS Section 61?

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

(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.

Brefe Detail

Section 61 of the Bharatiya Nagarik Suraksha Sanhita, 2023 grants authority to a person whose custody has been escaped or rescued from to pursue and arrest the individual anywhere in India. It also specifies that the provisions of section 44 apply to these arrests, even if the person making the arrest is not a police officer or acting under a warrant.

Question & Answers

Q: What does Section 61 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allow?

A: It allows a person in lawful custody to pursue and arrest an individual who has escaped or been rescued from their custody anywhere in India.

Q: Who has the authority to pursue and arrest an escaped person?

A: The person from whose custody the individual escaped or was rescued has the authority to pursue and arrest them.

Q: Can a person arrest someone who escaped without a warrant?

A: Yes, the provisions allow for the arrest without a warrant, as specified in sub-section (2).

Q: Do the provisions of section 44 apply to these arrests?

A: Yes, the provisions of section 44 apply to arrests made under this section, even if the arresting person is not a police officer.

Example

• If a guard is responsible for a prisoner who escapes, the guard can chase and re-arrest the prisoner anywhere in India.
• A private citizen who witnesses an escape may also pursue the escaped individual and detain them, applying the same rules as stated in section 44.

Summary

Section 61 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers individuals in lawful custody to pursue and retake anyone who has escaped or been rescued. This authority extends to all places in India and applies the provisions of section 44, even if the arrest is made by someone who is not a police officer or acting under a warrant.