Section 48 CrPC and Section 45 BNSS: Pursuit of Offenders into Other Jurisdictions

A police officer who is legally authorised to arrest a person without a warrant may pursue that person anywhere in India. This nationwide pursuit power, formerly in Section 48 of the Code of Criminal Procedure, 1973, is now found in Section 45 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current law: The BNSS came into force on 1 July 2024. Section 45 BNSS carries forward the substance of Section 48 CrPC. The CrPC may remain relevant to proceedings saved by the BNSS transitional provisions; see Section 531 BNSS.

Statutory text: Section 48 CrPC

A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

Section 45 BNSS, titled "Pursuit of offenders into other jurisdictions", contains the same operative wording. The provision concerns geographical reach of a lawful warrantless arrest, not the creation of an independent power to arrest.

Meaning and scope of the provision

1. A valid power to arrest without warrant is essential

The officer must already have legal authority to arrest without a warrant. Under the BNSS, Section 35 sets out circumstances in which police may arrest without a warrant, together with applicable conditions. Section 45 does not allow arrest merely because a person crosses a district or state border.

2. Pursuit may extend throughout India

Where the underlying arrest is lawful, a police officer may pursue the person across police station, district and state boundaries within India. The statutory phrase "any place in India" removes an ordinary territorial barrier to pursuit; it does not authorise pursuit outside India.

3. Arrest safeguards still apply

The officer must comply with other applicable requirements, including the manner of arrest under Section 43 BNSS, prohibition on unnecessary restraint under Section 46 BNSS, communication of grounds of arrest and right to bail under Section 47 BNSS, and notification to a relative, friend or nominated person under Section 48 BNSS. Constitutional safeguards under Articles 21 and 22 also remain applicable.

4. Interstate arrest and production before a Magistrate

Crossing a state boundary does not dispense with lawful custody procedures. The arrested person must be produced before the appropriate Magistrate within the constitutionally prescribed period, excluding necessary journey time, subject to applicable statutory provisions. Questions of transit remand and local police coordination depend on the circumstances and governing judicial directions; Section 45 alone does not resolve them.

Practical example

If an officer in Delhi is authorised under Section 35 BNSS to arrest a suspect without a warrant and the suspect travels into Haryana, Section 45 BNSS permits the officer to pursue the suspect there. The officer must still satisfy the legal grounds for arrest and follow all relevant procedural and constitutional safeguards.

Difference between pursuit and investigation jurisdiction

Section 45 concerns pursuit for a lawful warrantless arrest. It does not, by itself, decide where an FIR must be registered, which police station should investigate, or which court will try the offence. Those issues are governed by other provisions of criminal procedure and applicable judicial decisions.

Frequently asked questions

Can police arrest a suspect in another state without a warrant?

Yes, if the officer is otherwise legally authorised to arrest the person without a warrant. Section 45 BNSS permits pursuit anywhere in India, subject to applicable arrest safeguards.

Does Section 45 BNSS give police unlimited arrest powers?

No. It extends the territorial reach of a lawful warrantless arrest; it does not eliminate statutory grounds, judicial oversight, or constitutional protections.

What replaced Section 48 CrPC?

Section 45 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is the corresponding provision, in force from 1 July 2024.

Official legislation and further reading

This article provides general legal information, not advice on a particular arrest or investigation. Consult the applicable statutory text and current court orders for individual cases.