CrPC Section 60
Section 60 CrPC — Power, on escape, to pursue and retake
Essence:
If a person who is in lawful custody (arrested or otherwise detained under law) escapes or is rescued, the person from whose custody he escaped may immediately pursue and re-arrest (retake) him anywhere in India.
What this really means
Who can pursue/retake?
The custodian—typically a police officer, jail official, court guard, or even a private person who had lawfully detained someone under CrPC (e.g., Section 43 arrest by a private person).
In practice, any police officer who encounters an escapee can arrest him under general police powers; Section 60 specifically assures the original custodian can hot-pursue and retake.
Where can the recapture happen?
Anywhere in India. State borders don’t matter (aligns with the pan-India arrest/pursuit approach seen in Sections 48 & 77).
Is a fresh warrant needed?
No. Retaking is a continuation of the original lawful custody.
Entry & search to effect re-arrest:
Entry into premises and searches must follow the safeguards used for arrests, especially Section 47 (announce authority/purpose, demand ingress; respect privacy of women; break open only if refused).
Use of force:
Governed by Section 46—only reasonable force may be used; nothing authorizes causing death of a person not accused of an offence punishable with death or life imprisonment.
“Immediately pursue” — how fast?
It allows hot pursuit without undue delay. It doesn’t fix hours, but the action should be prompt and continuous given the circumstances.
Rights and procedure after retake
Inform grounds & rights: Apply Section 50 (grounds of arrest and right to bail, if applicable) and Section 50-A (inform relative/friend).
No unnecessary restraint: Section 49.
Medical examination, if needed: Sections 53/54.
Produce without delay:
If the original arrest was under warrant and you’re within the issuing court’s area: produce before that court (Section 80).
If retaken outside that court’s jurisdiction: follow Section 81 (nearest Magistrate first).
If the original arrest was without warrant: comply with Sections 56 & 57 (no detention beyond 24 hours excluding travel, and produce before Magistrate).
Public assistance: The custodian may seek help from the public/authorities consistent with CrPC duties to assist (e.g., ensuring safe, lawful retake).
How Section 60 differs from related provisions
Section 48: Pursuit of an offender into other jurisdictions before arrest.
Section 60: Pursuit to retake someone who escaped/rescued after a lawful arrest/detention.
Section 60-A: (inserted later) clarifies that arrests must be made strictly in accordance with law—which also frames how retakes are carried out.
Quick illustrations
Prisoner escapes from hospital guard:
The escorting constable can chase into another State and retake him, coordinating with local police, then produce before the proper court following the above rules.
Accused rescued by a mob outside court:
Court police can immediately pursue and re-arrest. The rescuers/escapee may face separate offences under the IPC (e.g., resisting/escaping lawful custody).
One-line takeaway
Section 60 CrPC authorizes prompt, nationwide hot-pursuit and re-arrest of anyone who escapes or is rescued from lawful custody, subject to the usual safeguards on force, entry/search, rights of the arrested, and prompt production before a Magistrate.
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