Section 61 BNSS: Arrest of Escaped or Rescued Persons

Code: Section 61 BNSS

(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.

Explanation of Section 61 BNSS

Key Provisions

1. Re-arrest of Escaped or Rescued Persons
   • If a person escapes from lawful custody or is rescued, the authority in charge of custody can pursue and re-arrest the person anywhere in India.
2. Immediate Action Allowed
   • There is no need for a fresh warrant to re-arrest the escaped individual.
   • The pursuit and arrest can be done without waiting for police intervention.
3. Application of Section 44 BNSS
   • Section 44 BNSS (which allows a private person to make an arrest) applies.
   • Even a non-police officer can re-arrest the escaped person.

Illustration of Section 61 BNSS

Example 1: Escape from Police Custody

Case: A suspect in police custody escapes from a police station.
✅ The police can chase and re-arrest him immediately anywhere in India.

Example 2: Rescue from Custody

Case: A convict is being taken to court when his gang forcibly rescues him.
✅ The police or prison authorities can pursue and arrest him without a warrant.

Example 3: Arrest by Non-Police Personnel

Case: A private security guard is transporting a detained suspect, and the suspect escapes.
✅ The security guard can chase and re-arrest the suspect under Section 61 BNSS, as Section 44 BNSS applies.

Common Questions and Answers on Section 61 BNSS

1. Can an escaped person be arrested without a warrant?

✅ Yes, a person escaping lawful custody can be arrested immediately, even without a warrant.

2. Can a private individual arrest an escaped prisoner?

✅ Yes, under Section 44 BNSS, a private individual can re-arrest an escaped prisoner.

3. Is there any territorial restriction on re-arresting an escaped person?

❌ No, the escaped person can be arrested anywhere in India.

4. Does Section 61 BNSS apply to house arrests or detention centers?

✅ Yes, if a person legally detained under any law escapes, they can be pursued and arrested.

5. What if the re-arrest is delayed?

✅ There is no time limit for re-arrest, but immediate action is encouraged.

Conclusion

Section 61 BNSS ensures swift action against escaped or rescued detainees by:
✅ Allowing immediate re-arrest without a warrant.
✅ Permitting arrests anywhere in India.
✅ Applying Section 44 BNSS, allowing non-police personnel to re-arrest.

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