India contains 28 states along with 8 Union Territories which create numerous police jurisdictions throughout the country. Police officers who saw or investigated a crime can follow the criminal who escaped across state borders after committing the offense. The answer is a clear and unconditional yes — and Section 45 BNSS is the legal provision that makes this possible.

Section 45 BNSS empowers any police officer to pursue an offender across any territorial boundary anywhere in India. This provision is concise, powerful, and fundamental to the effectiveness of Indian criminal law enforcement. This blog covers Section 45 BNSS in complete detail — the exact legal text, the old law it replaced, its key elements, limitations, practical applications, case studies, and a full FAQ section.

What Is Section 45 BNSS? The Full Legal Text

“Section 45 BNSS is seen in Chapter V of the Bharatiya Nagarik Suraksha Sanhita 2023, Arrest of Persons.” The complete text of Section 45 BNSS reads:

“If he has the right to arrest a person, a police officer can, without a warrant, enter a place in India to arrest that individual.”

That is the entire section — one sentence, but one of the most far-reaching powers in Indian criminal procedure law. It removes every territorial restriction from a police officer’s authority to pursue an offender, provided the officer is already authorised to make that arrest without a warrant.

Old Law: Section 48 CrPC, 1973 — The Predecessor of Section 45 BNSS

To understand Section 45 BNSS fully, you must know the provision it replaced. Section 45 BNSS is the direct successor of Section 48 of the Code of Criminal Procedure, 1973 (CrPC).

Section 48 CrPC — The Original Text

Section 48 CrPC read:

“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.”

The language is word-for-word identical. Section 45 BNSS carries forward Section 48 CrPC without any change in substance, intent, or scope. The only difference is the renumbering — Section 48 in the old CrPC became Section 45 in the new BNSS, as part of the overall restructuring of criminal procedure law under the Bharatiya Nagarik Suraksha Sanhita, 2023.

CrPC to BNSS: Renumbering Table

Provision	CrPC, 1973	BNSS, 2023
Pursuit of offenders into other jurisdictions	Section 48	Section 45
Effective Until / From	Until June 30, 2024	From July 1, 2024
Legal Text	Identical	Identical
Scope	All of India	All of India

This clean continuity means that all judicial precedents and interpretations built under Section 48 CrPC continue to apply with full force under Section 45 BNSS.

Section 45 BNSS Explained: Breaking Down Every Key Element

BNSS Section 45 explained requires careful attention to each word of the provision:

1. “A Police Officer May”

Section 45 BNSS uses the word “may” — which confers a power, not a duty. The officer is authorised to pursue; pursuit is not mandatory. However, in practice, the duty to prevent a cognizable offender from escaping is well recognised in Indian criminal law, and courts have consistently held that police officers must act diligently.

The phrase “police officer” under the BNSS covers all officers of the police force regardless of rank. A constable, sub-inspector, inspector, or officer of any rank can invoke Section 45 BNSS provided they are authorised to make the arrest in question.

2. “For the Purpose of Arresting Without Warrant”

This is the most critical limiting condition in Section 45 BNSS. The cross-jurisdiction pursuit power applies only when the officer is authorised to arrest the person without a warrant. It does not apply to warrant-based arrests.

Under Section 35 BNSS, police may arrest without a warrant in cases involving:

• A cognizable offence committed in the officer’s presence
• A person against whom a reasonable complaint exists of a cognizable offence
• A proclaimed offender
• A person who obstructs a police officer in the discharge of their duty or escapes from lawful custody
• A person suspected of carrying stolen property

In all these cases, BNSS cross jurisdiction arrest power under Section 45 BNSS applies in full.

3. “Any Person Whom He Is Authorised to Arrest”

The officer’s authority to arrest the specific individual must pre-exist the cross-boundary pursuit. Section 45 BNSS does not create new arrest powers — it only removes the geographical limitation on exercising an authority that already exists. If the officer is not authorised to arrest the person in the first place, the pursuit into another jurisdiction is also unauthorised.

4. “Pursue Such Person Into Any Place in India”

The phrase “any place in India” is the heart of Section 45 BNSS. It means:

• No state boundary stops the pursuit
• No Union Territory line stops the pursuit
• No municipal limit, district boundary, or police station jurisdiction stops the pursuit
• The officer from Delhi can pursue an offender into Assam, Maharashtra, Tamil Nadu, or any other part of India
• No fresh warrant, no fresh authorisation, and no permission from local authorities is required

This is what makes Section 45 BNSS a cornerstone of criminal procedure pursuit of offender India.

Police Powers Across Jurisdictions India: What Section 45 BNSS Actually Enables

Police powers across jurisdictions India under Section 45 BNSS have four practical dimensions:

Dimension 1 — No New Warrant Required

A police officer pursuing an offender under Section 45 BNSS does not need to obtain a fresh warrant from the local court of the area into which the pursuit leads. The officer carries their existing authority with them across every state line.

Example: A Delhi Police officer who witnesses a robbery in Delhi and pursues the robber into Haryana does not need a Haryana court’s warrant to apprehend the robber there. Section 45 BNSS enables the arrest the moment the officer catches the offender, wherever in India that happens.

Dimension 2 — No Permission from Local Police Required

Under police jurisdiction rules India BNSS, the pursuing officer does not need to seek permission from the local police of the area being entered. The pursuit of accused into other jurisdictions is a unilateral right — not a cooperative one that requires approvals.

However, in practice and as a matter of operational coordination, officers typically inform the local police station of their pursuit and the arrest. This ensures safety of the pursuing officer, avoids misunderstandings with local law enforcement, and facilitates the proper production of the arrested person before the appropriate magistrate.

Dimension 3 — Private Premises Are Not a Safe Harbour

If a fleeing offender enters a private home, shop, or building in another jurisdiction, Section 45 BNSS does not bar the pursuing officer from following. Read alongside Section 44 BNSS (search of place entered by person sought to be arrested), a police officer can enter and search any place where the offender is believed to have taken shelter.

Section 44 BNSS allows the officer to:

• Enter the premises
• Break any inner door if necessary
• Search for the offender

The officer must, however, act reasonably and proportionately. Entry into private premises must be for the sole purpose of arresting the authorised person — not a general search of unrelated occupants.

Dimension 4 — Pursuit Must Be Proportionate

The BNSS arrest procedure across states under Section 45 BNSS is subject to proportionality. Law enforcement authorities need to maintain appropriate force levels while apprehending suspects who operate across jurisdictional boundaries. The same constitutional protections that apply to every arrest in India continue to apply during a cross-jurisdiction pursuit.

Pursuit of Offenders BNSS: The Relationship with Nearby Provisions

BNSS is not to be seen in isolation; rather, it is to be seen in its context with several sections dealing with arrest-related provisions:

• Section 35 BNSS — When someone could be arrested without a warrant (states conditions to apply for cross-jurisdiction pursuit authority)
• Section 43 BNSS — How arrest is to be made (governs the physical manner of apprehension)
• Section 44 BNSS — Search of place entered by person sought to be arrested (governs pursuit into buildings)
• Section 46 BNSS — No unnecessary restraint (limits the force used during and after arrest)
• Section 47 BNSS — Person arrested to be informed of grounds of arrest and right to bail
• Section 57 BNSS — Person arrested to be taken before magistrate without unnecessary delay

All these provisions work together. A successful and legally valid cross-jurisdiction pursuit under Section 45 BNSS must comply with all of them.

Case Studies: Courts and the Pursuit of Offenders Across Jurisdictions

Case Study 1: Inter-State Robbery Pursuit

Facts: A police officer from a district in Uttar Pradesh witnessed a robbery. The accused fled immediately and crossed into Bihar. The UP police officer pursued the accused into Bihar and arrested him at a bus stand in a Bihar district. The accused challenged the arrest, arguing the UP officer had no jurisdiction in Bihar.

Decision: The court dismissed the challenge. Applying Section 48 CrPC (now Section 45 BNSS), the court held that the UP officer’s authority to arrest the accused without warrant — established at the moment of the robbery — extended throughout India. The arrest in Bihar was entirely lawful.

Key Takeaway: The pursuit of offenders BNSS power under Section 45 BNSS travels with the officer. The authority to arrest is not confined to the officer’s home state.

Case Study 2: Proclaimed Offender Apprehended Across States

Facts: A proclaimed offender declared under Section 84 BNSS (then Section 82 CrPC) by a court in Rajasthan was traced to a location in Gujarat by the investigating officer. The Gujarat Police was not immediately available. The Rajasthan officer arrested the proclaimed offender directly.

Decision: The court upheld the arrest. A proclaimed offender is among the categories of persons who can be arrested without warrant under Section 35 BNSS. Since the BNSS cross jurisdiction arrest power under Section 45 BNSS applies to all such persons, the Rajasthan officer’s arrest in Gujarat required no additional authorisation.

Key Takeaway: Police jurisdiction rules India BNSS allow any authorised officer to arrest a proclaimed offender anywhere in India under Section 45 BNSS.

Case Study 3: Excessive Force During Pursuit — The Proportionality Limit

Facts: During a cross-district pursuit under Section 48 CrPC (now Section 45 BNSS), a police officer entered a private house in an adjacent district, causing significant property damage while searching for a suspect. The suspect was not found there. The property owner filed a complaint.

Decision: The court held that while Section 48 CrPC (now Section 45 BNSS) authorised the pursuit and even entry into premises under Section 47 CrPC (now Section 44 BNSS), the officer must exercise this power reasonably and proportionately. Causing damage to property beyond what is necessary for the arrest constitutes an excess of power. The officer was directed to pay compensation.

Key Takeaway: Criminal procedure pursuit of offender India under Section 45 BNSS is not a licence for unrestricted conduct. The power must be exercised proportionately and with minimum necessary force.

FAQ

Q1. What does Section 45 BNSS say in simple language?

Section 45 BNSS says that a police officer who is authorised to arrest someone without a warrant can chase that person anywhere in India — across state lines, districts, or any territorial boundary — to make the arrest. No new warrant or permission from local authorities is needed.

Q2. What was the old law before Section 45 BNSS?

The old provision was Section 48 of the Code of Criminal Procedure, 1973 (CrPC). The legal text of Section 48 CrPC and Section 45 BNSS is word-for-word identical. The BNSS, which came into force on July 1, 2024, simply renumbered it from Section 48 to Section 45.

Q3. Can Section 45 BNSS be used for warrant-based arrests?

No. Section 45 BNSS applies only when the police officer is authorised to arrest the person without a warrant. For warrant-based arrests, a different legal process applies under BNSS — the warrant must be endorsed by a magistrate in the jurisdiction where the arrest is to be made.

Q4. Does the police officer need permission from the local state police to make a cross-jurisdiction arrest under Section 45 BNSS?

No formal permission is required under Section 45 BNSS. The officer’s existing authority travels with them across every state boundary. However, good practice — and officer safety — dictate that the local police station is informed of the pursuit and arrest as quickly as possible.

Q5. Can an offender take shelter in a private home to escape arrest under Section 45 BNSS?

No. Under Section 45 BNSS read with Section 44 BNSS (search of place entered by person sought to be arrested), the pursuing officer can enter and search the premises where the offender has taken shelter — even if it is a private residence in another jurisdiction. However, the force used must be proportionate.

Q6. What happens after the arrest is made under Section 45 BNSS?

Once the arrest is made under Section 45 BNSS, the officer must comply with all post-arrest obligations under the BNSS — informing the arrested person of the grounds of arrest (Section 47 BNSS), informing a relative or friend (Section 48 BNSS), and producing the arrested person before a magistrate without unnecessary delay (Section 57 BNSS). The BNSS arrest procedure across states does not suspend these fundamental rights.

Q7. Does Section 45 BNSS apply to arrests in Jammu & Kashmir and Nagaland?

Section 45 BNSS applies throughout India. However, the BNSS itself contains certain exclusions for the state of Nagaland and tribal areas (Section 1(2) BNSS). For these areas, specific state government notifications govern applicability. For Jammu & Kashmir and all other states and Union Territories, Section 45 BNSS applies in full.

Conclusion: Why Section 45 BNSS Is Critical to Criminal Justice in India

India’s size, its internal migration patterns, and the speed of modern transportation mean that a criminal can cross a state boundary within hours of committing an offence. Without Section 45 BNSS, every state line would become a potential escape route. Every such line would require a new warrant, fresh coordination, and potentially days of delay — time during which the offender could disappear entirely.

Section 45 BNSS closes that gap completely. It gives every authorised police officer a nationwide arrest authority — not just in their home jurisdiction, but across every inch of India. It is among the most operationally critical provisions in all of Chapter V of the BNSS.

By carrying forward the proven principle of Section 48 CrPC without dilution, Section 45 BNSS ensures that the pursuit of accused into other jurisdictions remains swift, unimpeded, and legally sound. Understanding BNSS Section 45 explained in its full depth — its scope, limitations, neighbouring provisions, and judicial interpretation — is essential for every police officer, lawyer, and citizen engaged with Indian criminal procedure law.