Arrest by private person and procedure on such arrest
Section 43 of the Code of Criminal Procedure, 1973 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, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
Section 43, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 40 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 The repealed enactment still governs what happened while it was in force.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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… servant in the lawful discharge of his duty as such member or public servant whether at the time of murder he was such member or public servant, as the case may be, or had ceased to be such member or public servant; or ( d ) if the murder is of a person who had acted in the lawful discharge of his duty under Section 43 of the Code of Criminal Procedure, 1973, or who had rendered assistance to a Magistrate or a police officer demanding his aid or requiring his assistance under Section 37 and Section 129 of the said Code."" 54. In the case of Machhi Singh and Others v. State of Punjab14 , this Court laid down …
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… servant in the lawful discharge of his duty as such member or public servant whether at the time of murder he was such member or public servant, as the case may be, or had ceased to be such member or public servant; or ( d ) if the murder is of a person who had acted in the lawful discharge of his duty under Section 43 of the Code of Criminal Procedure, 1973, or who had rendered assistance to a Magistrate or a police officer demanding his aid or requiring his assistance under Section 37 and Section 129 of the said Code."" 54. In the case of Machhi Singh and Others v. State of Punjab14 , this Court laid down …
Questions about Section 43
What have the courts held on Section 43 of the Code of Criminal Procedure?
Laldeo Bhuian vs State of Bihar (27 Jan 2010) is the leading judgment on this section among those set out below: 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 43 of the Code of Criminal Procedure?
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: CRPC 43, section 43 CRPC, section 43 of the Code of Criminal Procedure. 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 43 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 41 (When police may arrest without warrant), section 42 (Arrest on refusal to give name and residence), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 40 (Arrest by private person and procedure on such arrest), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 43 of the Code of Criminal Procedure come into force?
Section 43 of the Code of Criminal Procedure, cited as CRPC 43, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.