Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 40
Arrest by private person and procedure on such arrest
In one line
BNSS Section 40 deals with arrest by private person and procedure on such arrest and replaces CrPC 43.
Bare act text — BNSS 40
40. Arrest by private person and procedure on such arrest.
(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
What changed from the CrPC
- CrPC 43 → BNSS 40: In subsection (1), without unnecessary delay is further specified by "but within six hours from such arrest." In subsection (2), "re-arrest" is replaced by "take him in custody".
Frequently asked
What was BNSS Section 40 in the CrPC?
BNSS Section 40 (Arrest by private person and procedure on such arrest) replaces Section 43 of the Code of Criminal Procedure, 1973. CrPC 43 is now BNSS 40.
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Nearby BNSS sections
- BNSS 35 — When police may arrest without warrant
- BNSS 36 — Procedure of arrest and duties of officer making arrest
- BNSS 37 — Designated police officer
- BNSS 38 — Right of arrested person to meet an advocate of his choice during interrogation
- BNSS 39 — Arrest on refusal to give name and residence
- BNSS 41 — Arrest by Magistrate
- BNSS 42 — Protection of members of Armed Forces from arrest
- BNSS 43 — Arrest how made
- BNSS 44 — Search of place entered by person sought to be arrested
- BNSS 45 — Pursuit of offenders into other jurisdictions