CrPC § 43 · Code of Criminal Procedure, 1973 · Repealed on 1 July 2024

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

Replaced from 1 July 2024 by BNSS 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the CrPC.

The law now: BNSS 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

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNSS 40 in full

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