BNSS Section 61 - Power, on escape, to pursue and retake.
Description of BNSS Section 61 - 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 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.
| Section | Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|---|
| 61(1) | Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards. | Same as for abetment of the offence which is the object of the conspiracy. | According as the offence which is the object of conspiracy is cognizable or non- cognizable. | According as offence which is object of conspiracy is bailable or non- bailable. | Court by which abetment of the offence which is the object of conspiracy is triable. |
| 61(2) | Any other criminal conspiracy. | Imprisonment for 6 months, or fine, or both. | Non-cognizable. | Bailable | Magistrate of the first class. |