Law4u - Made in India

What Is BNSS Section 61?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Priiya Chaakraborty

Advocate Priiya Chaakraborty

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Landlord & Tenant, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Ahmar Siddique

Advocate Ahmar Siddique

Anticipatory Bail, Criminal, Cyber Crime, R.T.I, Muslim Law, Family, Divorce, Domestic Violence

Get Advice
Advocate Laxman

Advocate Laxman

Civil, Criminal, Family, Divorce, Domestic Violence, Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Cyber Crime, Bankruptcy & Insolvency, Recovery, Succession Certificate

Get Advice
Advocate M Nagaraj

Advocate M Nagaraj

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Child Custody, Civil, Bankruptcy & Insolvency, Consumer Court, Corporate, Court Marriage, Cheque Bounce, Criminal, Customs & Central Excise, Documentation, Divorce, Cyber Crime, GST, Family, Domestic Violence, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Recovery, Property, R.T.I, Startup, RERA, NCLT, Succession Certificate, Tax, Wills Trusts, Trademark & Copyright, Revenue

Get Advice
Advocate Santosh A Varma

Advocate Santosh A Varma

Cheque Bounce, Criminal, Divorce, Family, Succession Certificate, Cyber Crime, Domestic Violence, Documentation, Banking & Finance, Bankruptcy & Insolvency, Breach of Contract, Consumer Court, Civil, Court Marriage, Insurance, Landlord & Tenant, Muslim Law, Motor Accident, Medical Negligence, Property, Recovery, Anticipatory Bail, Arbitration

Get Advice
Advocate Rohit Kumar Machawal

Advocate Rohit Kumar Machawal

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Wills Trusts, Revenue

Get Advice
Advocate Sanjay Sharma

Advocate Sanjay Sharma

Armed Forces Tribunal,Anticipatory Bail,Criminal,Family,Insurance,Muslim Law,Property,Divorce,Civil,Child Custody,Cheque Bounce,

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.