Power, on escape, to pursue and retake
Section 61 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power, on escape, to pursue and retake. 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. The Act came into force on 01 Jul 2024.
(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.
Section 61, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 60 Power, on escape, to pursue and retake Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
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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Satender Kumar Antil vs Central Bureau of Investigation
Decided under Code of Criminal Procedure 60, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Bail is the rule and jail is the exception in criminal procedure. The presumption of innocence, being a facet of Article 21 of the Constitution, places the burden on the prosecution to prove guilt. Courts must exercise their discretion in granting or refusing bail judiciously, considering all relevant factors including the nature and gravity of the offence, the severity of punishment, the conduct of the accused during investigation, the delay in trial, and the likelihood of the accused absconding. Investigating agencies must comply with Section 41 and 41A of the CrPC by recording reasons for arrest and for not arresting. Non-compliance with these provisions entitles the accused to bail. Courts must act as guardians of liberty and ensure that personal liberty is protected in accordance with the procedure established by law.
On this section: Arrest to be made strictly according to Code; no arbitrary arrest
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 61
What have the courts held on Section 61 of the Bharatiya Nagarik Suraksha Sanhita?
Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022) is the leading judgment on this section among those set out below, though it was decided under CRPC 60, which this section replaced -- the court never mentioned this Act: Arrest to be made strictly according to Code; no arbitrary arrest.
How do I find court cases under Section 61 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 61, section 61 BNSS, section 61 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 61(2) and bnss 61 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022).
What should I read with Section 61 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 44 (Search of place entered by person sought to be arrested), so none of them can safely be read on its own. It carries forward CrPC 60 (Power, on escape, to pursue and retake), so the judgments decided under that provision are the case law on this one.
When did Section 61 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 61 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 61, 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 15 Oct 2026. This page is not a substitute for legal advice.