CrPC 43→BNSS 40

CrPC 43 to BNSS 40: Arrest by private person and procedure on such arrest

Section 43 CrPC (1973) replaced by Section 40 BNSS (2023)

View CrPC Section 43 →View BNSS Section 40 →

CrPC 43 to BNSS 40 at a Glance

Section 43 CrPC (Arrest by private person and procedure on such arrest) is now Section 40 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 43 to BNSS 40?

Section 43 of the Code of Criminal Procedure, 1973 became Section 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 40(1) BNSS reads without unnecessary delay, but within six hours from such arrest, where Section 43(1) CrPC read without unnecessary delay. Section 40(2) BNSS reads a police officer shall take him in custody where Section 43(2) CrPC read a police officer shall re-arrest him, and refers to Section 35(1) BNSS where Section 43(2) CrPC referred to Section 41 CrPC. Section 40(3) BNSS refers to Section 39 BNSS where Section 43(3) CrPC referred to Section 42 CrPC.

CrPC 43 vs BNSS 40: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section4340
HeadingArrest by private person and procedure on such arrestSame
Sub-sections3 sub-sectionsSame
Cross-referencess.41, s.42s.35, s.39

CrPC 43 and BNSS 40: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 43, CrPC 1973

43. Arrest by private person and procedure on such arrest.—(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.
BNSS 2023 (in force)

Section 40, BNSS 2023

40. Arrest by private person and procedure on such arrest.—(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.

When It Applies: CrPC 43 vs BNSS 40

Under CrPC 43
  1. Under Section 43(1) of the Code of Criminal Procedure, 1973, 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.
  2. Under Section 43(1) CrPC, the private person 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.
  3. Under Section 43(2) CrPC, if there is reason to believe that such person comes under the provisions of Section 41 CrPC, a police officer shall re-arrest him.
  4. Under Section 43(3) CrPC, 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 CrPC.
  5. Under Section 43(3) CrPC, if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
Under BNSS 40
  1. Under Section 40(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
  2. Under Section 40(1) BNSS, the private person 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.
  3. Under Section 40(2) BNSS, if there is reason to believe that such person comes under the provisions of Section 35(1) BNSS, a police officer shall take him in custody.
  4. Under Section 40(3) BNSS, 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 BNSS.
  5. Under Section 40(3) BNSS, if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

Time Limits: CrPC 43 to BNSS 40

Under CrPC 43
  • Under Section 43(1) of the Code of Criminal Procedure, 1973, the private person shall make over the arrested person to a police officer, or take such person in custody to the nearest police station, without unnecessary delay.Act text: “without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer”
  • Under Section 43(3) CrPC, if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.Act text: “if there is no sufficient reason to believe that he has committed any offence, he shall be at once released”
Under BNSS 40
  • Under Section 40(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the private person shall make over the arrested person to a police officer, or take such person in custody to the nearest police station, without unnecessary delay, but within six hours from such arrest.Act text: “without unnecessary delay, but within six hours from such arrest”
  • Under Section 40(3) BNSS, if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.Act text: “if there is no sufficient reason to believe that he has committed any offence, he shall be at once released”

What CrPC 43 to BNSS 40 Means in Practice

From 1 July 2024, arrest by a private person is found in Section 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 43 of the Code of Criminal Procedure, 1973. The private person shall make over the arrested person to a police officer, or take such person in custody to the nearest police station, without unnecessary delay, but within six hours from such arrest. If there is reason to believe that such person comes under the provisions of Section 35(1) BNSS, a police officer shall take him in custody.

FAQs: CrPC 43 to BNSS 40

What is the main difference between Section 43 CrPC and Section 40 BNSS?▼

Section 40(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads without unnecessary delay, but within six hours from such arrest, where Section 43(1) of the Code of Criminal Procedure, 1973 read without unnecessary delay. Section 40(2) BNSS reads take him in custody where Section 43(2) CrPC read re-arrest him.

Did the grounds on which a private person may arrest someone change in Section 40 BNSS?▼

No. Section 40(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 43(1) of the Code of Criminal Procedure, 1973 have the same text on who may 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.

How did Section 40(2) BNSS change the wording for police action after a private arrest?▼

Section 43(2) of the Code of Criminal Procedure, 1973 read that if there is reason to believe that such person comes under the provisions of Section 41 CrPC, a police officer shall re-arrest him. Section 40(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that if there is reason to believe that such person comes under the provisions of Section 35(1) BNSS, a police officer shall take him in custody.

Did the text of Section 43(3) CrPC change in Section 40(3) BNSS?▼

Section 40(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 refers to Section 39 BNSS where Section 43(3) of the Code of Criminal Procedure, 1973 referred to Section 42 CrPC. The rest of the text is the same: if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·