Powers, on escape, to pursue and re-take
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Summary
When a person lawfully in custody escapes or is rescued, the person who had custody may immediately pursue and arrest them anywhere in India. The arrest can be made without a warrant and even if the pursuer is not a police officer. The usual rules for making an arrest still apply.
Example
Ravi was being escorted from court to jail and slipped away. The jailer who had custody may chase him anywhere in India and arrest him immediately, even though the jailer is not acting under a warrant and is not a police officer. The usual arrest rules still apply.
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 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.
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