Section 61 BNSS: Power, on escape, to pursue and retake

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 61 BNSS at a Glance

Section 61 BNSS deals with power, on escape, to pursue and retake. It replaced Section 60 CrPC on 1 July 2024.

Was CrPC

Section 60 →

Section 61 BNSS Bare Act Text

(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.

Source: Section 61, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 61 BNSS in Simple Words

Section 61 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a person in lawful custody who escapes or is rescued.

The person from whose custody that person escaped or was rescued may immediately pursue and arrest that person in any place in India.

Section 61(2) BNSS applies the provisions of Section 44 BNSS to such an arrest, although the person making it is not acting under a warrant and is not a police officer having authority to arrest.

When Section 61 BNSS Applies

  • Section 61(1) BNSS applies when a person in lawful custody escapes or is rescued.
  • The person from whose custody that person escaped or was rescued may immediately pursue and arrest that person in any place in India.
  • Section 61(2) BNSS applies the provisions of Section 44 BNSS to arrests under Section 61(1) BNSS.
  • The provisions of Section 44 BNSS apply although the person making the arrest is not acting under a warrant and is not a police officer having authority to arrest.

Time Limits Under Section 61 BNSS

  • Section 61(1) BNSS says that the person may immediately pursue and arrest.Act text: “may immediately pursue and arrest him”

Example of Section 61 BNSS

Vikram is in lawful custody and escapes from the custody of Rajesh, who is not a police officer. Under Section 61(1) BNSS, Rajesh may immediately pursue and arrest Vikram in any place in India. Under Section 61(2) BNSS, the provisions of Section 44 BNSS apply to that arrest, although Rajesh is not acting under a warrant and is not a police officer having authority to arrest.

When Section 61 BNSS Does Not Apply

  • Section 61(1) BNSS speaks of a person in lawful custody who escapes or is rescued. It does not deal with a person who has not been taken into custody and is only sought for arrest.
  • Section 61(2) BNSS speaks of arrests under Section 61(1) BNSS. It does not deal with an arrest made by a police officer on suspicion of a cognizable offence.

Section 61 BNSS in the CrPC (Previous Law)

Section 61 BNSS replaced Section 60 CrPC from 1 July 2024.

Section 61 BNSS has the same heading and the same text as Section 60 CrPC. Section 61(2) BNSS refers to Section 44 BNSS where Section 60(2) CrPC referred to Section 47 CrPC.

Each sub-section below names its own source.

FAQs on Section 61 BNSS

Who can pursue and retake a person under Section 61 BNSS?▼

The person from whose custody that person escaped or was rescued may immediately pursue and arrest that person under Section 61(1) BNSS. Section 61(2) BNSS applies Section 44 BNSS to that arrest although the person making it is not acting under a warrant and is not a police officer having authority to arrest.

In which place may a person who escaped or was rescued be arrested under Section 61 BNSS?▼

Section 61(1) BNSS says in any place in India.

What does Section 61(2) BNSS say about Section 44 BNSS?▼

Section 61(2) BNSS says that the provisions of Section 44 BNSS shall apply to arrests under Section 61(1) BNSS.

What changed from Section 60 CrPC to Section 61 BNSS from 1 July 2024?▼

Section 61 BNSS has the same heading and the same text as Section 60 CrPC. Section 61(2) BNSS refers to Section 44 BNSS where Section 60(2) CrPC referred to Section 47 CrPC.

Section 61 BNSS: Sub-sections Explained

Section 61(1) BNSS: Power, on escape, to pursue and retake

▶

Bare Act Text

(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.

Previous Law

CrPC 60 → Section 61(1) BNSS

Section 61(2) BNSS: Power, on escape, to pursue and retake

▶

Bare Act Text

(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.

Previous Law

CrPC 60(2) → Section 61(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·