CrPC Section 62

CrPC Section 62 deals with the authority of police officers to arrest individuals who have escaped from lawful custody or are unlawfully at large. This provision ensures that escaped persons can be promptly apprehended to maintain law and order. Understanding this section is vital for both law enforcement and citizens to know the limits and powers related to arresting escaped individuals.

This section plays a crucial role in criminal procedure by enabling police to act swiftly against escapees, thereby preventing further crimes or absconding. It safeguards the legal process by ensuring that custody is respected and escapees are brought back under lawful control.

CrPC Section 62 – Exact Provision

This section authorizes police officers to arrest without a Magistrate's order any person who has escaped lawful custody or is unlawfully at large. The arrested person must be promptly produced before a Magistrate. This provision ensures quick action against escapees, preventing delays that could compromise justice.

• Police can arrest escapees without Magistrate's order.

• Applies to persons unlawfully at large.

• Arrested persons must be produced before Magistrate immediately.

• Ensures custody is maintained and escapees are apprehended.

Explanation of CrPC Section 62

Section 62 allows police to arrest anyone who has escaped from lawful custody or is unlawfully free. It empowers officers to act immediately without waiting for court orders, ensuring escaped individuals are caught quickly.

• The section states police can arrest escapees without prior permission.

• Affects persons who have escaped or are unlawfully free.

• Triggered when escape or unlawful freedom is discovered.

• Police must arrest and produce the person before a Magistrate.

• Police cannot delay or ignore arresting escapees.

Purpose and Rationale of CrPC Section 62

This section exists to uphold the authority of lawful custody and prevent escapees from evading justice. It balances police powers and individual rights by allowing immediate arrest but requiring prompt Magistrate oversight. The goal is to maintain public order and ensure legal processes are not undermined by escapes.

• Protects the integrity of lawful custody.

• Ensures quick police action against escapees.

• Balances police power with judicial supervision.

• Prevents misuse by requiring production before Magistrate.

When CrPC Section 62 Applies

This section applies when a person escapes from lawful custody or is found unlawfully at large. Police officers have authority to arrest such individuals immediately and must produce them before a Magistrate without delay.

• Person must have escaped lawful custody or be unlawfully free.

• Police officers have arrest authority under this section.

• Applicable across all jurisdictions in India.

• No prior Magistrate order needed for arrest.

• Must be produced before Magistrate promptly after arrest.

Cognizance under CrPC Section 62

Cognizance is taken when police discover a person who has escaped custody or is unlawfully at large. The police arrest the person and produce them before a Magistrate, who then takes cognizance of the escape and decides further action. This process ensures judicial oversight immediately after arrest.

• Police identify escape or unlawful freedom.

• Police arrest without Magistrate order.

• Person produced before Magistrate for cognizance.

Bailability under CrPC Section 62

Bailability depends on the offence for which the person was originally in custody or the nature of the escape. The section itself does not specify bail conditions but the underlying offence and judicial discretion govern bail. Generally, escape from lawful custody is a serious matter and may affect bail eligibility.

• Bail depends on original offence and judicial discretion.

• Escape may be considered an aggravating factor.

• Police must inform Magistrate who decides on bail.

Triable By (Court Jurisdiction for CrPC Section 62)

Cases involving escape and arrest under Section 62 are generally triable by Magistrate courts. The Magistrate who receives the arrested person takes cognizance and conducts trial or remands the case to appropriate courts based on offence severity.

• Initial trial or hearing by Magistrate.

• Sessions Court may handle serious offences related to escape.

• Magistrate exercises jurisdiction on custody and bail.

Appeal and Revision Path under CrPC Section 62

Appeals against orders related to arrest or custody under this section follow the normal criminal procedure. Decisions by Magistrates can be appealed to Sessions Courts, and further revisions can be sought in High Courts. Timely appeals ensure checks on police and judicial actions.

• Appeal to Sessions Court against Magistrate orders.

• Revision petitions in High Court possible.

• Timelines depend on nature of order and offence.

Example of CrPC Section 62 in Practical Use

Person X was in police custody for investigation. During transfer, X escaped from custody. Police immediately arrested X under Section 62 without Magistrate's order and produced X before the Magistrate. The Magistrate took cognizance and ordered further investigation. This ensured X was not allowed to evade justice and the legal process continued smoothly.

• Section 62 enabled quick arrest of escapee.

• Ensured legal custody was restored promptly.

Historical Relevance of CrPC Section 62

Section 62 has been part of the CrPC to maintain the sanctity of lawful custody since early codifications. It has evolved to clarify police powers and Magistrate oversight in escape cases. Amendments have reinforced prompt production before Magistrates to prevent misuse.

• Originated to prevent escape from custody.

• Amended to require immediate Magistrate production.

• Clarified police powers without warrant for escapees.

Modern Relevance of CrPC Section 62

In 2026, Section 62 remains crucial for policing and criminal justice. With increased focus on human rights, it balances swift police action with judicial supervision. It helps prevent absconding while protecting individual rights through Magistrate oversight and procedural safeguards.

• Supports efficient law enforcement against escapees.

• Ensures judicial checks on police arrests.

• Aligns with modern human rights standards.

Related Sections to CrPC Section 62

• Section 46 – General power of police to arrest

• Section 57 – Arrest to prevent commission of cognizable offence

• Section 63 – Arrest by Magistrate or other persons

• Section 167 – Procedure when investigation cannot be completed in 24 hours

• Section 437 – Bail in non-bailable offences

Case References under CrPC Section 62

1. State of Punjab v. Balbir Singh (1995, AIR 1995 SC 1786)

   – Police powers to arrest escapees upheld with requirement of prompt Magistrate production.

2. Ramesh v. State of Maharashtra (2002, Bom HC)

   – Arrest under Section 62 valid without Magistrate order when person escaped custody.

3. Rajesh Kumar v. State of UP (2010, Allahabad HC)

   – Emphasized timely production before Magistrate after arrest under Section 62.

Key Facts Summary for CrPC Section 62

• Section:

  62

• Title:

  Arrest of Escaped Persons

• Nature:

  Power-related

• Applies To:

  Police, escaped persons

• Cognizance:

  Taken by Magistrate upon production

• Bailability:

  Depends on original offence and judicial discretion

• Triable By:

  Magistrate Court

Conclusion on CrPC Section 62

CrPC Section 62 is essential for maintaining the rule of law by empowering police to arrest persons who escape lawful custody or are unlawfully at large. It ensures that such individuals are promptly brought back under legal control, preventing evasion of justice.

The section balances police authority with judicial oversight by requiring immediate production before a Magistrate. This protects citizens’ rights while enabling effective law enforcement. Understanding Section 62 helps citizens and law enforcement appreciate the legal framework governing arrests of escapees.

FAQs on CrPC Section 62

What does CrPC Section 62 allow police to do?

It allows police to arrest any person who has escaped from lawful custody or is unlawfully at large without needing prior permission from a Magistrate.

Does the police need a Magistrate’s order to arrest under Section 62?

No, police can arrest escapees or unlawfully free persons without a Magistrate’s order but must produce them before a Magistrate immediately.

What happens after arrest under Section 62?

The arrested person must be taken before a Magistrate who will take cognizance and decide further legal steps.

Is bail automatically granted to persons arrested under Section 62?

Bail depends on the original offence and judicial discretion; Section 62 itself does not guarantee bail.

Who can be arrested under CrPC Section 62?

Any person who has escaped from lawful custody or is found unlawfully at large can be arrested under this section.