CrPC Section 82
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## **Section 82 of the Criminal Procedure Code (CrPC), 1973 – Person Escaping from Lawful Custody to be Retaken**
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### **Overview:**
Section 82 of the CrPC provides the legal authority to **retake any person who escapes from lawful custody**, regardless of whether the person is within the original jurisdiction or outside it. This ensures that escape from custody does not free a person from the legal process.
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### **Text of Section 82 (Simplified):**
* If a person **escapes or is rescued** from lawful custody of a police officer or other authorized person, **any police officer or other person is empowered to retake them**.
* This power applies **wherever the person is found**, even outside the jurisdiction where the original arrest or custody took place.
* The person so retaken shall be delivered back to the custody from which they escaped.
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### **Detailed Explanation:**
1. **Purpose of Section 82:**
* To ensure that no person can evade the law by escaping from custody.
* To empower the police or any authorized person to act beyond their territorial limits to recapture the escapee.
2. **Who Can Retake the Escapee?**
* Any police officer or any other person authorized by law may retake the individual.
* This authority is not limited to the officer who originally had custody.
3. **Jurisdictional Scope:**
* The person can be retaken **anywhere in the country**, regardless of the boundaries of police or magistrate jurisdictions.
* This avoids legal loopholes that might allow escapees to avoid arrest by crossing jurisdictional lines.
4. **Procedure After Retaking:**
* Once retaken, the escapee must be **returned to the custody** from which they escaped.
* The custody can be of a police officer, jailer, or any authorized official.
5. **Legal Significance:**
* Ensures the integrity of the criminal justice system by preventing escape from lawful custody.
* Provides clear legal backing to police officers and officials to recapture escapees without procedural delays.
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### **Practical Implications:**
* If a prisoner escapes from jail or police custody, any police officer or authorized person can arrest and bring them back.
* It is a safeguard against prisoners exploiting jurisdictional boundaries.
* Ensures continued custody until the accused/convict is lawfully dealt with by the court.
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### **Summary:**
Section 82 of the CrPC empowers **any police officer or authorized person to retake a person who has escaped from lawful custody anywhere within the country** and return them to the custody from which they escaped, thus preventing evasion of legal processes.
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