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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter V: Arrest Of Persons

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

Corresponding CrPC
Section 43 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Allows a private person to arrest anyone who commits a non-bailable and cognizable offence in his presence, or any proclaimed offender. The person arrested must be handed over to a police officer without unnecessary delay and within six hours, or taken to the nearest police station if no officer is available.

Chapter V: Arrest Of Persons

  1. 35 When police may arrest without warrant
  2. 36 Procedure of arrest and duties of officer making arrest
  3. 37 Designated police officer
  4. 38 Right of arrested person to meet an advocate of his choice during interrogation
  5. 39 Arrest on refusal to give name and residence
  6. 40 Arrest by private person and procedure on such arrest
  7. 41 Arrest by Magistrate
  8. 42 Protection of members of Armed Forces from arrest
  9. 43 Arrest how made
  10. 44 Search of place entered by person sought to be arrested
  11. 45 Pursuit of offenders into other jurisdictions
  12. 46 No unnecessary restraint
  13. 47 Person arrested to be informed of grounds of arrest and of right to bail
  14. 48 Obligation of person making arrest to inform about arrest, etc., to relative or friend
  15. 49 Search of arrested person
  16. 50 Power to seize offensive weapons
  17. 51 Examination of accused by medical practitioner at request of police officer
  18. 52 Examination of person accused of rape by medical practitioner
  19. 53 Examination of arrested person by medical officer
  20. 54 Identification of person arrested
  21. 55 Procedure when police officer deputes subordinate to arrest without warrant
  22. 56 Health and safety of arrested person
  23. 57 Person arrested to be taken before Magistrate or officer in charge of police station
  24. 58 Person arrested not to be detained more than twenty-four hours
  25. 59 Police to report apprehensions
  26. 60 Discharge of person apprehended
  27. 61 Power, on escape, to pursue and retake
  28. 62 Arrest to be made strictly according to Sanhita
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