Arrest by private person and procedure on such arrest
AI Assist
Summary
A private person may arrest anyone who in their presence commits a cognizable non-bailable offence or any proclaimed offender. They must, without unnecessary delay, hand the arrested person to a police officer or, if no officer is present, take them to the nearest police station. Police can re-arrest if further statutory grounds appear; if no offence is suspected the person must be released immediately. If it appears non-cognizable and the person refuses or gives a false name or address, section 42 procedures apply.
Example
Priya sees Rohan shoplifting and detains him until help arrives. She takes him to the nearest police station and hands him over to the police without unnecessary delay. The police may re-arrest if they find further grounds; otherwise normal procedures follow.
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, 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 10 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.
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