Section 61: Power, on escape, to Persue and retake
Section 61 of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines the powers conferred upon a person having lawful detention of an individual who absconds or is rescued from such detention. This section is important to ensure that the legal process retains control over individuals who are lawfully detained, while at the same time balancing the need for accountability and protection of individual rights in custodial situations.
Sub-section (1) of Section 61 vests in the person whose custody a person has escaped from, or who has been rescued, the right to forthwith pursue and apprehend such person throughout India. This enables custodians such as law officers and other private persons who may have had that person in custody to immediately effect the recapture of the person, to forestall further escape and prevent potential danger to the public.
Sub-Section (2) establishes that an arrest made pursuant to the authority afforded by Section 61
is qualified by the procedural obligations of Section 44, so that any arrest by any person other than a police officer or without warrant is qualified and safeguarded at law. At the very minimum, the person carrying out the arrest must tell him why he was arrested so he knows the charge against him or is protected, at least in having his legal rights observed.
Important points:
-This section only confers the power to pursue and arrest the escaped person on the custodian from whose custody he has escaped.
-Under Section 61 no warrant is necessary to make an arrest. The legislature has conferred a direct power upon the custodian to take action in these circumstances.
-The person detained under Section 61 has all rights under Section 44 including the right to be told the reasons for their detention and their right to apply for bail.
