Code of Criminal Procedure, 1973 · Section 43

CrPC 43 in BNSS: Section 40

Section 43 of the Code of Criminal Procedure, 1973 corresponds to Section 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023. CrPC 43 deals with arrest by private person and procedure on such arrest. The NCRB table marks it as changed. Compare the wording below. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024, replacing the CrPC.

Code of Criminal Procedure

CrPC 43 is now BNSS 40.

Arrest by private person and procedure on such arrest · The NCRB table marks it as changed. Compare the wording below.

Modified
Old wording kept in full
Old · CrPC 1973 · Ch. V
s. 43
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, 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. V
s. 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
Text from India Code

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