CrPC Section 43 — Arrest by private person and procedure on such arrest

Summary

Sub-section (1) allows a private person to arrest, or arrange for the arrest of, someone who commits a non-bailable and cognizable offence in that person’s presence, or someone who is a proclaimed offender. Without unnecessary delay, the private person must hand the arrested person over to a police officer, or arrange for that handover. If no police officer is present, the private person must take the person, or arrange for them to be taken, into custody at the nearest police station.

Sub-section (2) says that if there is reason to believe the arrested person comes under section 41, a police officer must arrest the person again.

Sub-section (3) says that if there is reason to believe the person committed a non-cognizable offence, and the person refuses a police officer’s demand to give their name and residence, or gives details the officer has reason to believe are false, the person is to be dealt with under section 42. If there is no sufficient reason to believe the person committed any offence, the person must be released at once.

Official 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, 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 section 41, a police officer shall re-arrest him.

(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 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

Sections referred to

• CrPC §41 — When police may arrest without warrant
• CrPC §42 — Arrest on refusal to give name and residence

Referred to by

• CrPC §45 — Protection of members of the Armed Forces from arrest

Related Judgments

• RANJAN KUMAR CHADHA vs STATE OF HIMACHAL PRADESH — Supreme Court of India (2023)
• UNION OF INDIA vs PADAM NARAIN AGGARWAL ETC — Supreme Court of India (2008)
• ADRI DHARAN DAS vs STATE OF WEST BENGAL — Supreme Court of India (2005)
• ARVIND KEJRIWAL vs CENTRAL BUREAU OF INVESTIGATION — Supreme Court of India (2024)

Old <-> New Code Mapping

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