Section 60 CrPC: Power, on escape, to pursue and retake
Code of Criminal Procedure, 1973
Section 60 CrPC at a Glance
Section 60 CrPC deals with power, on escape, to pursue and retake. From 1 July 2024 it is replaced by Section 61 BNSS.
What Section 60 CrPC Says
60. Power, on escape, to pursue and retake
(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.
Source: Section 60, Code of Criminal Procedure, 1973
Section 60 CrPC in Simple Words
Section 60 of the Code of Criminal Procedure, 1973 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 60(2) CrPC applies the provisions of Section 47 CrPC 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 60 CrPC Applies
- Section 60(1) CrPC 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 60(2) CrPC applies the provisions of Section 47 CrPC to arrests under Section 60(1) CrPC.
- The provisions of Section 47 CrPC 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 60 CrPC
- Section 60(1) CrPC says that the person may immediately pursue and arrest.Act text: “may immediately pursue and arrest him”
Example of Section 60 CrPC
When Section 60 CrPC Does Not Apply
- Section 60(1) CrPC 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 60(2) CrPC speaks of arrests under Section 60(1) CrPC. It does not deal with an arrest made by a police officer on suspicion of a cognizable offence.
Section 60 CrPC Under BNSS 61: What Changed
Section 60 CrPC is now covered under Section 61 BNSS.
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.
View detailed comparison (CrPC 60 vs BNSS 61) →FAQs on Section 60 CrPC
Who can pursue and retake a person under Section 60 CrPC?▼
The person from whose custody that person escaped or was rescued may immediately pursue and arrest that person under Section 60(1) CrPC. Section 60(2) CrPC applies Section 47 CrPC 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 60 CrPC?▼
Section 60(1) CrPC says in any place in India.
What does Section 60(2) CrPC say about Section 47 CrPC?▼
Section 60(2) CrPC says that the provisions of Section 47 CrPC shall apply to arrests under Section 60(1) CrPC.
Where is Section 60 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 60(1) CrPC is found in Section 61(1) BNSS and Section 60(2) CrPC in Section 61(2) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.
Have questions about Section 60 CrPC?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·