Code
(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 47 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.
Explanation
This section empowers any police officer, including those not on duty, to pursue and re-take escaped prisoners. It grants the following powers:
- Powers to pursue: Any police officer can pursue an escaped prisoner within or outside their jurisdiction.
- Powers to re-take: They can use reasonable force to re-take the prisoner, even if the escape happened outside their jurisdiction.
- Powers to arrest helpers: The officer can arrest any person aiding the escape, even if they are not a police officer.
- Powers to search: They can search any person or place that they have reasonable grounds to believe is connected to the escape.
Illustration
Imagine a prisoner escapes from a police van while being transported to a prison. Any police officer, whether on duty or off duty, can pursue this prisoner, even if they are not the original arresting officer. They can enter private property, search vehicles, and use reasonable force to re-capture the prisoner. If someone is seen helping the escapee, the officer can also arrest them.
Common Questions and Answers
Q: Can a police officer use firearms to re-take an escaped prisoner?
A: Yes, if the officer reasonably believes the use of firearms is necessary to prevent the prisoner from causing harm to themselves or others. However, the use of force must be proportional to the threat posed by the prisoner.
Q: What if the escaped prisoner is dangerous?
A: In such a situation, the police officer can take all necessary steps to ensure their own safety and the safety of the public, including using reasonable force.
Q: Can a citizen assist in re-taking an escaped prisoner?
A: Yes, citizens can assist, but they should be cautious and not put themselves in danger. They can report the escape to the police and provide any information that might help with the re-capture.
