Wednesday, April 1, 2020

Can a Private Person himself Arrest the accused?

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Can a Private Person himself Arrest the accused?

Criminal Law- The Code of Criminal Procedure, 1973

Can a Private Person himself Arrest the accused ? If yes, then what’s the Procedure?

Section 43 of The Code of Criminal Procedure, 1973 gives the answer to this question. The section says –

(1) Any private person may arrest or cause to be arrested any person who in his presence has committed an offense which is non- bailable and cognizable in nature, 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 the police officer, take such person or cause such person to be taken in custody to the police station which is nearest to the place.

(2) If there is a reason to believe that such person comes under the provision s of section 41, a police officer shall re-arrest him.

(3) If there is a reason to believe that a person has committed  a non-cognizable offense, and he refuses on the demand of the police officer to give his name and residence address, or gives  a name or a residence address which the police officer has  a reason to believe to be false, he shall be dealt with under the provisions if section 42 , but if there is no such sufficient reason to believe that the person has committed any offense , he shall be at once released.

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