CHAPTER V ARREST OF PERSONS

Section 40: Arrest by private person and procedure on such arrest

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.

(2) If there is reason to believe that such person comes under the provisions of sub-section (1) of section 35, a police officer shall take him in custody.

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

40	43. Arrest by private person and procedure on such arrest.

Questions on this section

3 questions in 11 of our papers cite Section 40. Try these from the free papers:

1. Consider the following statements under the BNSS: 1. Where there is no sufficient reason to believe that a person arrested by a private person has committed any offence, he shall be released at once. 2. When an offence is committed in the presence of an Executive Magistrate within his local jurisdiction, he may himself arrest the offender. 3. A police officer may pursue a person whom he is authorised to arrest without warrant only within the limits of the State in which his police station is situated. Which of the statements given above is/are correct?
2. At 9 p.m., X, a private citizen, sees Y commit an offence which is both cognizable and non-bailable, and arrests him on the spot. Under Section 40(1) of the BNSS, X must make over Y to a police officer (or, in the absence of a police officer, take him to the nearest police station)

Practise questions on Bharatiya Nagarik Suraksha Sanhita