Arrest by private person and procedure on such arrest
AI Assist
Summary
A private person may arrest someone who in his presence commits a cognizable non-bailable offence, or any proclaimed offender. The arrestee must be handed to a police officer without unnecessary delay and within six hours, or taken to the nearest police station if no officer is available. If police believe section 35(1) applies they must take him into custody. If only a non-cognizable offence is suspected and the person refuses or gives a false name or residence, deal under section 39; if no offence is suspected, release immediately.
Example
Ravi sees a man assault a customer in his shop, an act that is cognizable and non-bailable. Ravi detains the man and hands him over to the police at the nearest station within an hour. If police think section 35(1) applies they will take him into custody; if they only suspect a non-cognizable offence and he refuses to give his name, they will act under section 39; if no offence is found, they will release him at once.
Bare Act
Enacted text(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.
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