BNSS 40 — Arrest by private person and procedure on such arrest.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory 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.

Back to BNSS