(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.
Bharatiya Nagarik Suraksha Sanhita
Section 61
Power, on escape, to pursue and retake
Englishहिंदी
⚡ Quick Answer Reference: Section 61 BNSS
- Provision: Section 61 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: This section allows a person in charge of lawful custody to immediately pursue and arrest an individual who has escaped or been rescued from their custody, anywhere in India.
Statutory Content
What does Section 61 of BNSS say?
Indian StandardSection 61, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 61 (India)
Court Pleading StandardSection 61 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/61
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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 61 of BNSS mean?
Plain English Explanation
This section allows a person in charge of lawful custody to immediately pursue and arrest an individual who has escaped or been rescued from their custody, anywhere in India.
Practical Interpretation
In practice, this section enables authorities to swiftly respond to and re-apprehend escaped individuals, ensuring public safety and maintaining the integrity of the legal system.
Core Legal Purpose
The core purpose of this provision is to provide a legal framework for the prompt and efficient recapture of escaped individuals, thereby upholding the rule of law and preventing further harm or disruption.
Key Legal Elements
- •The individual must be in lawful custody to invoke this section.
- •The individual must have escaped or been rescued from custody.
- •The pursuit and arrest must be immediate and in any place in India.
- •The provisions of section 44 apply to arrests made under this section, despite the absence of a warrant or police authority.
Practical Example
Practical Example of Section 61 BNSS
Rajesh, a police officer, has Amit in lawful custody at a police station. Amit escapes during a power outage. Rajesh can immediately pursue and arrest Amit anywhere in India, even without a warrant, to re-establish custody and maintain public order.
Common Questions (FAQ)
Frequently Asked Questions about Section 61 BNSS
Q: What is the punishment or consequence under Section 61 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?
The section applies to the person from whose custody the individual escaped or was rescued, which typically refers to public authorities or law enforcement personnel.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence; rather, it outlines a procedure for recapturing escaped individuals. Therefore, it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 61 BNSS
What is Section 61 of BNSS?
Section 61 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power, on escape, to pursue and retake". In plain terms: This section allows a person in charge of lawful custody to immediately pursue and arrest an individual who has escaped or been rescued from their custody, anywhere in India.
What is the punishment under Section 61 of BNSS?
Section 61 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 61 of BNSS bailable or non-bailable?
Whether Section 61 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 61 of BNSS?
The essential elements of Section 61 of BNSS are: The individual must be in lawful custody to invoke this section.; The individual must have escaped or been rescued from custody.; The pursuit and arrest must be immediate and in any place in India..
Landmark Case Laws
Landmark Judgments under Section 61 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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