Bharatiya Nagarik Suraksha Sanhita, 2023
Section 45
Pursuit of offenders into other jurisdictions
A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.
Why this exists
Indian policing is organized by state, district, and local jurisdictions, which historically created a problem: if a suspect ran across a boundary line, the chasing officer technically lost authority to arrest them there. This provision (carried forward from Section 60 of the old Code of Criminal Procedure, 1973) closes that gap by allowing 'hot pursuit' across jurisdictional lines within India, so criminals cannot escape arrest simply by crossing a district or state border.
How courts read it
Courts have generally read this provision narrowly and functionally: it only extends the officer's power to pursue and arrest, it does not create a new power of arrest itself. The officer must already have had lawful authority to arrest without a warrant before the chase began. Courts have also emphasized that this power does not override other safeguards, such as the requirement to inform the arrested person of the grounds of arrest, or protections against arbitrary detention.
Common misconceptions
- Myth: This provision gives police the power to arrest anyone, anywhere, without any legal basis.
Fact: It only allows pursuit and arrest if the officer already had lawful authority to arrest the person without a warrant before the chase began; it does not create a new arrest power. - Myth: Police can chase suspects into other countries under this provision.
Fact: The provision only permits pursuit within India; it does not authorize crossing international borders.