Permits police to pursue offenders beyond territorial limits to ensure effective arrest.
Ensures continuity of lawful pursuit across jurisdictional boundaries during arrest operations.
Introduction
Section 45 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) authorizes a police officer to pursue and arrest a person without warrant across jurisdictional boundaries within India when such arrest is otherwise lawful. The provision prevents offenders from escaping arrest merely by crossing territorial limits of a police station or district.
It supports effective law enforcement while remaining subject to procedural safeguards under Article 21 of the Constitution of India, which regulates lawful deprivation of personal liberty.
Objective of the Provision
The objectives of Section 45 BNSS are
- to prevent offenders from evading arrest by crossing jurisdictional boundaries
- to ensure continuity of lawful police pursuit across India
- to strengthen inter-jurisdictional cooperation between police authorities
- to facilitate effective enforcement of arrest powers
The provision removes territorial barriers that could otherwise frustrate arrest procedures.
Meaning / Concept
Pursuit Beyond Local Jurisdiction
Ordinarily, police powers are territorially limited. Section 45 creates an exception allowing police officers to continue pursuit into another police station area, district, or State within India.
Continuity of Lawful Arrest Authority
The section applies only where the arrest is otherwise lawful under BNSS provisions. It does not create an independent power of arrest but extends existing authority geographically.
Thus, jurisdictional expansion is conditional upon legality of the underlying arrest.
Detailed Explanation of the Section
Section 45 BNSS provides that
- a police officer authorized to arrest a person without warrant
- may pursue such person into any place in India
- for the purpose of effecting arrest
The authority extends across
- police station limits
- district boundaries
- State boundaries
provided the arrest itself is lawful under statutory provisions such as Section 35 BNSS.
Key features include
- nationwide pursuit authority within India
- applicability only to lawful warrantless arrests
- removal of territorial limitations during active pursuit
- facilitation of coordinated policing across jurisdictions
The provision ensures uninterrupted enforcement of arrest powers.
Procedure or Legal Framework
The procedural framework under Section 45 BNSS generally includes
- formation of lawful grounds for arrest without warrant
- initiation of pursuit by police officer
- continuation of pursuit beyond territorial limits
- coordination with local police authorities where necessary
- execution of arrest in another jurisdiction
- compliance with procedural safeguards after arrest
These steps ensure that pursuit remains legally justified and properly documented.
Judicial Interpretation
Although Section 45 BNSS is recently enacted, similar provisions under earlier criminal procedure law have been interpreted by courts in the context of inter-jurisdictional policing.
In State of Punjab v. Ajaib Singh AIR 1953 SC 10, the Supreme Court emphasized that arrest powers must always conform to statutory authority even when exercised across territorial limits.
In Joginder Kumar v. State of Uttar Pradesh (1994) 4 SCC 260, the Court reiterated that arrest must be justified by necessity and legality irrespective of location.
In D.K. Basu v. State of West Bengal (1997) 1 SCC 416, the Supreme Court laid down procedural safeguards applicable to all arrests, including those made outside local jurisdiction.
These principles govern arrests carried out during inter-jurisdictional pursuit.
Importance of the Provision
Section 45 BNSS is important because
- it prevents offenders from escaping arrest by crossing jurisdictional boundaries
- it ensures uninterrupted enforcement of lawful arrest powers
- it strengthens coordination between police authorities across India
- it supports effective criminal investigation and law enforcement
The provision ensures that territorial limits do not obstruct administration of justice.
Connection with Other Sections
Section 45 BNSS operates alongside related arrest provisions
- Section 35 BNSS – When police may arrest without warrant
- Section 43 BNSS – Arrest how made
- Section 44 BNSS – Search of place entered by person sought to be arrested
- Section 80 BNSS – Warrant forwarded for execution outside jurisdiction
Corresponding Provision under Old Law
Section 45 BNSS corresponds to Section 48 of the Code of Criminal Procedure, 1973.
Illustrative Example
A suspect accused of a cognizable offence flees from one district into another State to avoid arrest. The investigating police officer continues pursuit across State boundaries and arrests the suspect lawfully under Section 45 BNSS without obtaining a separate warrant from local authorities.
Conclusion
Section 45 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enables police officers to pursue offenders across jurisdictional limits within India to effect lawful arrests. By removing territorial barriers while preserving procedural safeguards, the provision strengthens the effectiveness of arrest powers and supports coordinated law enforcement across the country.
