Power, on escape, to pursue and retake
AI Assist
Summary
If someone lawfully held escapes or is rescued, the person from whose custody they escaped may immediately pursue and arrest them anywhere in India. The same procedural rules that govern arrests made without a warrant apply to such arrests, even if the pursuer is not acting under a warrant or is not a police officer with arrest powers.
Example
Meera is a jailer holding Arjun in lawful custody after remand. When Arjun escapes and Meera finds him in another state, she may immediately pursue and arrest him there. The arrest must follow the same procedures that apply to arrests without a warrant, even though Meera is not acting under a warrant and may not be a police officer with formal arrest powers.
Bare Act
Enacted 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.
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