Power, on escape, to pursue and retake.
What this section does
Where a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and re-arrest him anywhere in India. The provisions governing arrest by private persons (section 44) apply to such re-arrests even if the pursuer is not a police officer and is not acting under a warrant.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Custodian (police officer or private person) · Escaped/rescued person
- Time limit
- Pursuit and re-arrest must be immediate upon escape or rescue.
Derived from CrPC s.60.
Read the official text
For the binding statutory text of BNSS Section 61, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 61 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.