Power, on escape, to pursue and retake
Section 60 of the Code of Criminal Procedure, 1973 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
CHAP
PROCESSES TO COMPEL APPEARANCE
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A.-Summons
Section 60, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 61 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 The repealed enactment still governs what happened while it was in force.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
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 60
What have the courts held on Section 60 of the Code of Criminal Procedure?
Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022) is the leading judgment on this section among those set out below: Arrest to be made strictly according to Code; no arbitrary arrest.
How do I find court cases under Section 60 of the Code of Criminal Procedure?
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: CRPC 60, section 60 CRPC, section 60 of the Code of Criminal Procedure. People searching for it also type crpc 60a and 60 crpc in bnss. 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 60 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 47 (Search of place entered by person sought to be arrested), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 61 (Power, on escape, to pursue and retake), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 60 of the Code of Criminal Procedure come into force?
Section 60 of the Code of Criminal Procedure, cited as CRPC 60, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.