Pursuit of offenders into other jurisdictions
Section 45 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with pursuit of offenders into other jurisdictions. 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. The Act came into force on 01 Jul 2024.
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.
Section 45, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 48 Pursuit of offenders into other jurisdictions Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vishal Manohar Mandrekar vs The State of Telangana
Decided under Code of Criminal Procedure 48, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Obtaining a transit warrant is mandatory for police to claim protection under Article 22(2) of the Constitution when arresting an accused outside the jurisdiction where the offence was registered. A subsequent remand order by a magistrate cannot legalize prior detention that violated Article 22(2) of the Constitution. The right under Article 22(2) is available against illegal detention by police, and if the prior detention is illegal, the accused is entitled to be released even if subsequently remanded to judicial custody by the magistrate. The police cannot claim the benefit of excluding journey time from the 24-hour period without obtaining a transit warrant.
On this section: Section 48 permits police to pursue an accused in other jurisdictions. However, the court held that prior to effecting arrest outside a particular jurisdiction, police is obligated to secure a transit remand.
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Vimal Behal vs Directoir of Revenue Intellige
Decided under Code of Criminal Procedure 48, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving heavy recovery of narcotics and involvement in multiple similar cases across jurisdictions, the gravity of charges and public safety concerns override humanitarian grounds such as attending last rites ceremonies, and interim bail should be denied.
On this section: Referenced in the petition header; likely relates to procedural aspects of bail applications
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Pista vs State
Decided under Code of Criminal Procedure 48, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where a petitioner has already joined the investigation and is not required for custodial interrogation, and the State does not oppose the grant of anticipatory bail, the High Court may grant anticipatory bail on reasonable conditions such as furnishing a personal bond and surety to ensure the petitioner's availability for trial.
On this section: Procedure for bail and conditions thereof
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 45
What have the courts held on Section 45 of the Bharatiya Nagarik Suraksha Sanhita?
Vishal Manohar Mandrekar vs The State of Telangana (29 Feb 2024) is the leading judgment on this section among those set out below, though it was decided under CRPC 48, which this section replaced -- the court never mentioned this Act: Section 48 permits police to pursue an accused in other jurisdictions. However, the court held that prior to effecting arrest outside a particular jurisdiction, police is obligated to secure a transit remand. Another 2 judgments on this section are set out below. They run from 2003 to 2024.
How do I find court cases under Section 45 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 45, section 45 BNSS, section 45 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Vishal Manohar Mandrekar vs The State of Telangana (29 Feb 2024).
What should I read with Section 45 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 48 (Pursuit of offenders into other jurisdictions), so the judgments decided under that provision are the case law on this one.
When did Section 45 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 45 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 45, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.