Arrest by private person and procedure on such arrest.
What this section does
A private person may arrest anyone who commits a non-bailable and cognizable offence in their presence, or any proclaimed offender, and must hand over the arrested person to a police officer or take them to the nearest police station within six hours of the arrest. The police officer must then take the person into custody if there is reason to believe the person falls under the warrantless arrest provisions; if the person is suspected only of a non-cognizable offence and refuses to give their name and residence, the procedure under section 39 applies; if there is no sufficient reason to believe any offence was committed, the person must be released immediately.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Private person · Police officer · Arrested person · Magistrate
- Time limit
- Within 6 hours of arrest, the private person must hand over the arrested person to a police officer or take them to the nearest police station
Derived from CrPC s.43.
Read the official text
For the binding statutory text of BNSS Section 40, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 40 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.