Code
(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.
Explanation
This section of the BNSS code deals with the power of private citizens to arrest individuals who commit certain offenses.
- Private citizens can arrest individuals who commit non-bailable and cognizable offenses in their presence. This means the crime must be serious enough to warrant immediate arrest without a warrant, and the citizen must have witnessed the crime.
- Private citizens can also arrest proclaimed offenders. These are individuals who have been declared wanted by the court for a crime.
- The arrest must be made without unnecessary delay and the arrested person must be handed over to a police officer within six hours. If a police officer is not available, the private citizen must take the arrested person to the nearest police station.
- Police officers have the power to arrest individuals suspected of committing a non-cognizable offense if they refuse to provide their name and address or if they provide false information.
- If a private citizen has reason to believe that an individual has committed a non-cognizable offense but there is no sufficient evidence, the person must be released immediately.
Illustration
A private citizen witnesses a robbery. The robber is caught by the citizen. The citizen must immediately arrest the robber and take him to the nearest police station within six hours. The citizen can only make the arrest if the robbery is a non-bailable and cognizable offense.
Common Questions and Answers
What is a non-bailable and cognizable offense?
A non-bailable offense is one for which bail is not granted automatically. A cognizable offense is one for which a police officer can make an arrest without a warrant. Examples include murder, rape, and robbery.
What are the consequences of making a wrongful arrest?
A private citizen who makes a wrongful arrest can be held liable for false imprisonment.
What is a proclaimed offender?
A proclaimed offender is an individual who has been declared wanted by the court for a crime.
What is a non-cognizable offense?
A non-cognizable offense is one for which a police officer cannot make an arrest without a warrant. Examples include theft and cheating.
