CRPC §43 → BNSS §40
Arrest by private person and procedure on such arrest
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Comparison
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.
40.
(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.
What changedAI-inferred
Arrest by private person.
Old position
CrPC 43 is concerned with Arrest by private person and procedure on such arrest. Arrest by private person and procedure on such arrest
New position
BNSS 40 preserves the framework with drafting modernisations as required by the new code. Topic: private person and procedure on such arrest.. 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
BNSS 40 (private person and procedure on such arrest.) preserves the framework of CrPC 43. BNSS 40 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 40 text: Any private person may arrest or...
Editorial deltaAI-indicated (source-linked)
BNSS 40 (private person and procedure on such arrest.) preserves the framework of CrPC 43. BNSS 40 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 40 text: 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,...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 43 continues to apply. For matters from that date forward, BNSS 40 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 40 (private person and procedure on such arrest.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §43 → BNSS §40 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/43.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.