Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - 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 released.
Brefe Detail
This section outlines the procedure for a private person to arrest someone committing a non-bailable and cognizable offence or a proclaimed offender. It specifies the requirements for making the arrest and the subsequent duties to hand over the arrested person to a police officer or to the nearest police station.
Question & Answers
Q: Who can arrest a person according to this section?
A: Any private person may arrest or cause to be arrested another person committing a non-bailable and cognizable offence or any proclaimed offender.
Q: What should a private person do after making an arrest?
A: The private person must make over the arrested individual to a police officer or take them to the nearest police station within six hours of the arrest.
Q: What happens if the arrested person refuses to give their name and residence?
A: If the arrested person refuses to provide their name and residence, or gives false information, they will be dealt with under section 39.
Q: What if the police officer believes that the arrested person has committed a non-cognizable offence?
A: If there is reason to believe that the arrested person has committed a non-cognizable offence and refuses to provide their details, they will be handled according to section 39; otherwise, they will be released if there is no sufficient reason to believe an offence was committed.
Example
1. A private citizen witnesses someone stealing a bicycle (a non-bailable and cognizable offence). They can arrest the thief and must take them to the nearest police station within six hours.
2. If a private person arrests someone who they suspect is a proclaimed offender, they must hand them over to the police without unnecessary delay.
3. If an arrested individual claims to be someone else and refuses to give their real name, the police will take action as per the guidelines in section 39.
Summary
Section 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers private individuals to arrest persons committing certain offences and outlines the required procedures for these arrests. It establishes guidelines for handing over arrested individuals to police authorities and specifies how to handle situations involving non-cognizable offences.
