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.
Bharatiya Nagarik Suraksha Sanhita
Section 45
Pursuit of offenders into other jurisdictions
Englishहिंदी
⚡ Quick Answer Reference: Section 45 BNSS
- Provision: Section 45 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: A police officer can chase and arrest someone they are allowed to arrest without a warrant, and can do this anywhere in India.
Statutory Content
What does Section 45 of BNSS say?
Indian StandardSection 45, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 45 (India)
Court Pleading StandardSection 45 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/45
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 45 of BNSS mean?
Plain English Explanation
A police officer can chase and arrest someone they are allowed to arrest without a warrant, and can do this anywhere in India.
Practical Interpretation
In practice, this section allows police officers to pursue and arrest offenders across different jurisdictions within India, facilitating effective law enforcement.
Core Legal Purpose
The core purpose is to empower police officers to arrest offenders without being restricted by geographical boundaries, ensuring seamless law enforcement across India.
Key Legal Elements
- •The police officer must be authorised to arrest the person.
- •The arrest must be without a warrant.
- •The pursuit must be for the purpose of arresting the offender.
- •There is no explicit exception or limitation mentioned in this section.
Practical Example
Practical Example of Section 45 BNSS
Rajesh, a police officer from Mumbai, is chasing Amit, a suspect in a theft case. Amit tries to escape to Delhi, but Rajesh can pursue him and arrest him there, as per this section, because he is authorised to arrest Amit without a warrant.
Common Questions (FAQ)
Frequently Asked Questions about Section 45 BNSS
Q: What is the punishment or consequence under Section 45 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to police officers, which are public entities, and does not explicitly mention private individuals.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence, it rather outlines a procedure for arrest, hence it is neither bailable nor cognizable in the context provided.
People Also Ask (PAA)
Common Questions about Section 45 BNSS
What is Section 45 of BNSS?
Section 45 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Pursuit of offenders into other jurisdictions". In plain terms: A police officer can chase and arrest someone they are allowed to arrest without a warrant, and can do this anywhere in India.
What is the punishment under Section 45 of BNSS?
Section 45 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 45 of BNSS bailable or non-bailable?
Whether Section 45 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 45 of BNSS?
The essential elements of Section 45 of BNSS are: The police officer must be authorised to arrest the person.; The arrest must be without a warrant.; The pursuit must be for the purpose of arresting the offender..
Landmark Case Laws
Landmark Judgments under Section 45 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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