BNSS Code Section 61: Power, On Escape, To Pursue And Retake
1. 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 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.
2. Explanation: Power, On Escape, To Pursue And Retake
This section provides a special power to arrest an escaped prisoner, even if the person making the arrest is not a police officer.
Sub-section (1) allows any person who had lawful custody of an individual who has escaped or been rescued to pursue and arrest that individual in any part of India.
Sub-section (2) clarifies that the rules of arrest under Section 44, such as the right to inform the arrested person of the grounds of arrest, will apply even in this special case.
3. Illustration:
Imagine a prison guard is escorting a prisoner to court. The prisoner manages to break free and run away. The guard, despite not being a police officer, is authorized by this section to chase the prisoner and arrest him anywhere in India.
4. Common Questions and Answers: Power, On Escape, To Pursue And Retake
Q: Can anyone arrest an escaped prisoner?
A: No, only the person from whose custody the prisoner escaped can make the arrest under this section.
Q: Does the person making the arrest need a warrant?
A: No, a warrant is not required under this section.
Q: What are the rights of the arrested person?
A: The arrested person retains all the rights guaranteed under Section 44. This includes the right to be informed of the grounds of arrest.
