Criminal Procedure in India | Arrest and Custody
Section 60 CrPC: Power to Pursue and Rearrest a Person Who Escapes Lawful Custody
Section 60 of the Code of Criminal Procedure, 1973 (CrPC) authorised the immediate pursuit and rearrest of a person who escaped or was rescued from lawful custody. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 61.
Section 60 CrPC: Text of the provision
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.
The two subsections address the power to pursue and rearrest and the application of statutory safeguards governing entry into and search of places.
Section 61 BNSS: Corresponding law from 1 July 2024
Section 61 BNSS, titled Power, on escape, to pursue and retake, substantially carries forward the rule in Section 60 CrPC. Where a person escapes or is rescued from lawful custody, the person from whose custody the escape or rescue occurred may immediately pursue and arrest that person anywhere in India. The provision applies the BNSS rules corresponding to the former Section 47 CrPC, namely Section 44 BNSS, to such arrests.
For the operative text and any amendments, consult the India Code official legislation portal and search for the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), particularly Sections 44, 61 and 531.
Meaning and essential conditions
What is lawful custody?
Lawful custody means detention or restraint authorised by law, such as a lawful arrest or custody pursuant to a competent judicial order. The provision is directed at escape or rescue from such custody; it does not itself validate an otherwise unlawful detention.
Who may pursue and rearrest?
The power is conferred on the person from whose lawful custody the detainee escaped or was rescued. The statutory language is not confined to a police officer. Its exercise nevertheless depends on the circumstances satisfying the statutory conditions.
Does the power extend across state borders?
Yes. The provision expressly permits immediate pursuit and arrest in any place in India, without treating a state border as the limit of pursuit. Applicable procedural safeguards continue to govern the arrest.
Is a fresh arrest warrant always required?
No. The provision specifically contemplates immediate pursuit and rearrest after an escape or rescue from lawful custody. It does not dispense with the requirement that the original custody was lawful or with other applicable protections.
Entry, search and safeguards during rearrest
Section 60(2) CrPC applies Section 47 CrPC to rearrests under Section 60(1), even when the person making the rearrest does not otherwise possess warrant-based or police arrest authority. Under the BNSS, the corresponding provisions are Sections 61 and 44.
These provisions regulate searches for persons sought to be arrested, including circumstances involving entry into premises. They should be read together with the statutory conditions, protections for occupants and the broader safeguards against arbitrary arrest or excessive force.
Other relevant protections include Article 21 of the Constitution (life and personal liberty) and Article 22 (safeguards against arrest and detention), where applicable. The rules on communication of grounds of arrest, access to legal counsel and timely production before a Magistrate remain relevant.
Practical procedure following rearrest
- Establish the legal basis of the original custody and the circumstances of the escape or rescue.
- Act promptly, while observing applicable rules on arrest, entry, search and reasonable force.
- Document the rearrest and notify the competent authorities in accordance with law.
- Ensure appropriate medical attention and follow the applicable rules governing further custody and production before the competent court.
These steps are explanatory good-practice guidance; they are not a substitute for the precise statutory requirements applicable to a particular case.
Frequently asked questions
What is the difference between Section 60 CrPC and Section 61 BNSS?
Both concern immediate pursuit and rearrest after escape or rescue from lawful custody. Section 61 BNSS is the corresponding provision under the newer criminal procedure legislation.
Can a person be rearrested anywhere in India?
Yes, if the statutory conditions are met, the law authorises immediate pursuit and arrest anywhere in India.
Does the power allow unrestricted entry into any house?
No. The rules governing entry and search under Section 47 CrPC or Section 44 BNSS, as applicable, must be followed.
Does Section 60 CrPC apply to every arrest made after July 2024?
No. The BNSS generally governs under the new regime, but the transitional and savings provisions, including Section 531 BNSS, must be considered in identifying the applicable law.
Official legislation and reference links
- India Code - official Central Acts and statutory text (search for CrPC, 1973 and BNSS, 2023).
- Legislative Department, Ministry of Law and Justice - legislative publications and resources.
- Ministry of Home Affairs - notifications and materials relating to the new criminal laws.
This article provides general legal information, not case-specific legal advice. Check the current statutory text, amendments and applicable judicial decisions before relying on a provision.