Chapter V
Section 43 CrPC: Arrest by private person and procedure on such arrest
New Law Update (2024)
Section 37 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Cognizable
Bailable?
Non-bailable
Compoundable?
Bare Act Text
(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.
Important Sub-Sections Explained
Section 43(1)
This sub-section empowers any private individual to arrest a person who commits a serious non-bailable and cognizable offence in their immediate presence, or a proclaimed offender. It also mandates that the arrested individual must be handed over to the police or taken to the nearest police station without unnecessary delay.
Section 43(3)
This crucial sub-section outlines the procedure when a person arrested by a private individual is found to have committed only a non-cognizable offence. Such a person is to be dealt with under Section 42 CrPC if they refuse to provide their name and address or provide false information; otherwise, if no sufficient reason exists to believe an offence was committed, they must be immediately released.
Landmark Judgements
Om Prakash v. State of Haryana, AIR 1991 SC 1475:
The Supreme Court clarified that the power of a private person to arrest a “proclaimed offender” under Section 43 CrPC is distinct from the power to arrest for a non-bailable and cognizable offence committed in their presence. An arrest of a proclaimed offender by a private person is valid even if the offence for which they are proclaimed is bailable or non-cognizable, provided the individual is indeed a proclaimed offender.
Kanu Ambu Visas v. State of Gujarat, (1993) 3 SCC 476:
This case reinforced the conditions under which a private person can make an arrest, specifically emphasizing that the non-bailable and cognizable offence must be committed “in his presence” for the arrest to be lawful. It also highlighted the subsequent duty of the private person to hand over the arrested individual to a police officer without unnecessary delay.