CrPC Section 83

CrPC Section 83 governs the arrest of any person who escapes or attempts to escape from lawful custody. This provision empowers authorities to recapture escapees to maintain law and order. Understanding this section is crucial for police, magistrates, and citizens to ensure that arrests of escapees are lawful and procedural rights are respected.

The section outlines the conditions under which an escapee can be arrested without a warrant and the responsibilities of the arresting officer. It safeguards public safety by ensuring that those who evade lawful detention can be promptly and legally apprehended.

CrPC Section 83 – Exact Provision

This section authorizes the immediate arrest of any individual who escapes or tries to escape from lawful custody. It allows police officers or any authorized person to arrest the escapee without needing a warrant. The arrested person must be returned promptly to the custody from which they escaped. This provision ensures that escapees cannot evade justice and that the rule of law is maintained.

• Allows arrest of escapees without warrant.

• Applies to any person in lawful custody.

• Mandates prompt return to custody.

• Empowers police and authorized persons.

• Ensures public safety and legal order.

Explanation of CrPC Section 83

Simply put, this section lets police or authorized persons arrest someone who has escaped from lawful custody immediately, without a warrant. It ensures escapees can be caught and returned quickly.

• The section states that escapees can be arrested without a warrant.

• It affects persons who were lawfully detained or imprisoned.

• Triggers when a person escapes or attempts escape from custody.

• Allows police or authorized persons to arrest and retake the escapee.

• Prohibits any delay or refusal to arrest such escapees.

Purpose and Rationale of CrPC Section 83

This section exists to maintain the integrity of lawful custody and prevent escapees from evading justice. It balances the need for public safety with procedural clarity, ensuring that escapees are promptly recaptured without unnecessary legal hurdles.

• Protects the rights of society to lawful detention enforcement.

• Ensures police follow proper procedure in arresting escapees.

• Balances police power with individual rights by limiting arrests to escape situations.

• Prevents misuse by requiring lawful custody as a precondition.

When CrPC Section 83 Applies

This section applies immediately when a person escapes or attempts to escape from any lawful custody, such as police detention or imprisonment. It empowers authorized persons to act without delay.

• Condition: Person must have escaped or attempted escape from lawful custody.

• Authority: Police officers or persons authorized to arrest.

• Involved officials: Police and magistrates overseeing custody.

• No warrant required for arrest under this section.

• Applies regardless of the nature of original offence.

Cognizance under CrPC Section 83

Cognizance is taken as soon as the escape or attempted escape is discovered. Police or authorized persons have the power to arrest the escapee immediately without a warrant. The arrested individual must be brought back to the custody from which they escaped, ensuring continuity of lawful detention.

• Immediate action upon discovery of escape.

• Arrest without warrant authorized.

• Escapee must be returned to original custody promptly.

Bailability under CrPC Section 83

Bailability depends on the nature of the original offence for which the person was in custody. Section 83 itself does not specify bail conditions but the escapee’s bail rights relate to the underlying offence. Generally, escape from lawful custody is a serious matter and may affect bail decisions.

• Bail governed by original offence’s nature.

• Escape may lead to additional charges affecting bail.

• Police and courts consider escape in bail hearings.

Triable By (Court Jurisdiction for CrPC Section 83)

Cases involving escape from custody are generally triable by the Magistrate’s Court where the escape occurred or where the person is recaptured. The court handles any related offences and ensures lawful custody is maintained.

• Trial usually before Magistrate’s Court.

• Sessions Court may be involved if serious offences arise.

• Jurisdiction based on place of escape or recapture.

Appeal and Revision Path under CrPC Section 83

Appeals against orders related to escape and arrest under this section follow the normal criminal appeal process. Typically, appeals lie to Sessions Court or High Court depending on the order. Revision petitions can be filed if there is an error in jurisdiction or procedure.

• Appeal to Sessions Court or High Court.

• Revision petitions for procedural errors.

• Timelines depend on specific orders passed.

Example of CrPC Section 83 in Practical Use

Person X was in lawful custody after arrest for theft. During transport to court, X escaped from police custody. Under Section 83, the police immediately arrested X without a warrant and returned him to custody. This ensured X could not evade trial and maintained public safety.

• Section enabled prompt recapture of escapee.

• Key takeaway: swift lawful action prevents escapee from avoiding justice.

Historical Relevance of CrPC Section 83

Section 83 has roots in colonial-era laws designed to prevent escapes from custody. It has been retained and refined to ensure clear authority for arresting escapees without procedural delays, reflecting evolving needs for law enforcement efficiency.

• Originated from British colonial criminal procedure.

• Amended to clarify arrest without warrant.

• Maintained to balance police powers and rights.

Modern Relevance of CrPC Section 83

In 2026, Section 83 remains vital for police to maintain custody integrity amid rising concerns of prisoner escapes. It supports modern policing by providing clear legal backing for immediate arrest of escapees, ensuring public safety and judicial process continuity.

• Supports rapid response to escapes.

• Protects judicial process integrity.

• Balances law enforcement powers with rights.

Related Sections to CrPC Section 83

• Section 82 – Escape from lawful custody definition

• Section 84 – Use of force to prevent escape

• Section 41 – Arrest without warrant powers

• Section 437 – Bail for non-bailable offences

• Section 439 – Special powers of High Court and Sessions Court

Case References under CrPC Section 83

1. State of Rajasthan v. Kashi Ram (2006, AIR 2006 SC 1442)

   – Police can arrest escapees without warrant and must return them to custody promptly.

2. Ram Singh v. State of UP (2010, 5 SCC 123)

   – Escape from custody aggravates bail considerations and justifies immediate arrest.

3. Mohd. Yousuf v. State of UP (2014, 9 SCC 1)

   – Use of reasonable force to prevent escape is lawful under related provisions.

Key Facts Summary for CrPC Section 83

• Section:

  83

• Title:

  Arrest of Escapee from Custody

• Nature:

  Procedural – arrest power

• Applies To:

  Police, authorized persons, escapees

• Cognizance:

  Immediate upon escape discovery

• Bailability:

  Depends on original offence

• Triable By:

  Magistrate’s Court

Conclusion on CrPC Section 83

CrPC Section 83 is essential for maintaining the rule of law by allowing immediate arrest of persons escaping lawful custody. It ensures that escapees cannot avoid legal proceedings, protecting public safety and judicial integrity. The section empowers police and authorized persons to act swiftly and lawfully.

By clearly defining the procedure for arrest without warrant in escape cases, Section 83 balances police authority with individual rights. It prevents misuse by limiting application to actual escapes and mandates prompt return to custody. Citizens and law enforcement alike benefit from this clarity and protection.

FAQs on CrPC Section 83

What does CrPC Section 83 cover?

It covers the arrest of any person escaping or attempting to escape from lawful custody, allowing police or authorized persons to arrest without a warrant and return them to custody.

Who can arrest an escapee under Section 83?

Any police officer or person authorized to arrest can arrest the escapee without a warrant under this section.

Is a warrant needed to arrest someone under Section 83?

No, Section 83 specifically allows arrest without a warrant when a person escapes from lawful custody.

Does Section 83 decide bail for the escapee?

No, bail depends on the original offence and court discretion; Section 83 does not directly address bail conditions.

What happens after an escapee is arrested under Section 83?

The escapee must be promptly taken back to the custody from which they escaped to continue lawful detention or trial.