(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.
Bharatiya Nagarik Suraksha Sanhita
Section 40
Arrest by private person and procedure on such arrest
⚡ Quick Answer Reference: Section 40 BNSS
- Provision: Section 40 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: A private person can arrest someone who commits a serious crime in their presence, like a non-bailable and cognizable offence, or a proclaimed offender. They must hand over the arrested person to a police officer within six hours. If there's reason to believe the person has committed a non-cognizable offence, they must give their name and residence to the police officer, or face consequences.
What does Section 40 of BNSS say?
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What does Section 40 of BNSS mean?
Plain English Explanation
A private person can arrest someone who commits a serious crime in their presence, like a non-bailable and cognizable offence, or a proclaimed offender. They must hand over the arrested person to a police officer within six hours. If there's reason to believe the person has committed a non-cognizable offence, they must give their name and residence to the police officer, or face consequences.
Practical Interpretation
In real-life situations, this section means that a private person can take the law into their own hands and arrest someone who commits a serious crime, but they must hand over the person to the police within six hours. If the person has committed a non-cognizable offence, they must cooperate with the police and provide their identity and address.
Core Legal Purpose
The core purpose of this section is to empower private individuals to take action against serious crimes, while also ensuring that the arrested person is handed over to the police in a timely manner. This section aims to balance the need for public safety with the need to respect individual rights and the rule of law.
- •The arrested person must have committed a non-bailable and cognizable offence, or be a proclaimed offender.
- •The private person must make over the arrested person to a police officer within six hours.
- •If the arrested person has committed a non-cognizable offence, they must give their name and residence to the police officer.
- •If there is no sufficient reason to believe that the arrested person has committed an offence, they must be released immediately.
Practical Example of Section 40 BNSS
Rajesh, a shopkeeper, witnesses a proclaimed offender, Amit, committing a non-bailable and cognizable offence in his presence. Rajesh arrests Amit and hands him over to the police within six hours. The police officer takes Amit into custody and investigates the offence. In this scenario, Section 40 of BNSS applies, as Rajesh, a private person, arrested Amit, a proclaimed offender, who committed a serious crime in his presence.
Frequently Asked Questions about Section 40 BNSS
Q: What is the punishment or consequence under Section 40 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of violating this section are not specified in the statutory text.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who witness a serious crime being committed in their presence.
Q: Is an offence under this section bailable or cognizable?
An offence under this section can be both bailable and cognizable, depending on the circumstances. If the offence is non-bailable and cognizable, the private person can arrest the offender. If the offence is non-cognizable, the private person must hand over the offender to the police and let them handle the situation.
Common Questions about Section 40 BNSS
What is Section 40 of BNSS?
Section 40 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Arrest by private person and procedure on such arrest". In plain terms: A private person can arrest someone who commits a serious crime in their presence, like a non-bailable and cognizable offence, or a proclaimed offender. They must hand over the arrested person to a police officer within six hours. If there's reason to believe the person has committed a non-cognizable offence, they must give their name and residence to the police officer, or face consequences.
What is the punishment under Section 40 of BNSS?
Section 40 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 40 of BNSS bailable or non-bailable?
Whether Section 40 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 40 of BNSS?
The essential elements of Section 40 of BNSS are: The arrested person must have committed a non-bailable and cognizable offence, or be a proclaimed offender.; The private person must make over the arrested person to a police officer within six hours.; If the arrested person has committed a non-cognizable offence, they must give their name and residence to the police officer..
Landmark Judgments under Section 40 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 40
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