Bharatiya Nagarik Suraksha Sanhita, 2023
Section 40, BNSS: Arrest by private person and procedure on such arrest
Section 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the Act's own words, with the CrPC provision it replaces.
What it replaces
| BNSS provision | CrPC provision | Relation |
|---|---|---|
| Section 40 | Section 43 | corresponds |
From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: CrPC to BNSS.
The section
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 releasedThe text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.
Sources
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023, section 40 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BNSS to CrPC (read 1 September 2026)