Arrest by private person and procedure on such arrest
Section 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arrest by 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 make over or cause to be made over any person so arrested to a The Act came into force on 01 Jul 2024.
(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
Section 40, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 43 Arrest by private person and procedure on such arrest Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Laldeo Bhuian vs State of Bihar
Decided under Code of Criminal Procedure 43, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In a murder case based on direct eyewitness testimony, when multiple credible eyewitnesses consistently testify to witnessing the commission of the offense, the absence of corroborating physical evidence (such as chemical analysis of seized articles) or procedural defects in investigation do not vitiate the conviction if the eyewitnesses are found to be reliable and their presence at the scene is reasonably explained. The court must focus on the quality and consistency of eyewitness testimony rather than technical investigative procedures when direct evidence of guilt is established.
On this section: Power of private citizens to arrest persons who have committed cognizable non-bailable offences in their presence; court upheld arrest of appellant by villagers as lawful
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 40
What have the courts held on Section 40 of the Bharatiya Nagarik Suraksha Sanhita?
Laldeo Bhuian vs State of Bihar (27 Jan 2010) is the leading judgment on this section among those set out below, though it was decided under CRPC 43, which this section replaced -- the court never mentioned this Act: Power of private citizens to arrest persons who have committed cognizable non-bailable offences in their presence; court upheld arrest of appellant by villagers as lawful.
How do I find court cases under Section 40 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 40, section 40 BNSS, section 40 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Laldeo Bhuian vs State of Bihar (27 Jan 2010).
What should I read with Section 40 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 35 (When police may arrest without warrant), section 39 (Arrest on refusal to give name and residence), so none of them can safely be read on its own. It carries forward CrPC 43 (Arrest by private person and procedure on such arrest), so the judgments decided under that provision are the case law on this one.
When did Section 40 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 40 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 40, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.