Section 40 BNSS: Arrest by private person and procedure on such arrest
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 40 BNSS at a Glance
Section 40 BNSS deals with arrest by private person and procedure on such arrest. It replaced Section 43 CrPC on 1 July 2024.
Section 40 BNSS Bare Act 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.
Source: Section 40, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 40 BNSS in Simple Words
Section 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arrest by a private person and the procedure on such arrest. Under Section 40(1) BNSS, any private person may arrest or cause to be arrested any person who commits a non-bailable and cognizable offence in the presence of the private person, or any proclaimed offender. Without unnecessary delay, but within six hours from such arrest, the private person shall make over the arrested person, or cause the arrested person to be made over, to a police officer.
In the absence of a police officer, the private person shall take the arrested person, or cause the arrested person to be taken, in custody to the nearest police station. Under Section 40(2) BNSS, if there is reason to believe that the arrested person comes under Section 35(1) BNSS, a police officer shall take the person in custody. Under Section 40(3) BNSS, there may be reason to believe that a person has committed a non-cognizable offence.
The person shall then be dealt with under Section 39 BNSS if the person refuses, on the demand of a police officer, to give a name and residence. The same applies if the person gives a name or residence which the police officer has reason to believe to be false. But if there is no sufficient reason to believe that the person has committed any offence, the person shall be at once released.
When Section 40 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 40 BNSS
- 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”
Example of Section 40 BNSS
When Section 40 BNSS Does Not Apply
- Section 40(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person who in the presence of the private person commits a non-bailable and cognizable offence, or a proclaimed offender. It does not deal with a person who is not a proclaimed offender and who commits a bailable offence or a non-cognizable offence.
Section 40 BNSS in the CrPC (Previous Law)
Section 40 BNSS replaced Section 43 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 40 BNSS
When may a private person arrest someone under Section 40 BNSS?▼
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.
What is the time limit for handing over a person arrested by a private person under Section 40 BNSS?▼
Under Section 40(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the private person, 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.
How does a police officer deal with a person handed over under Section 40 BNSS?▼
Under Section 40(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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. 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.
When must a person arrested by a private person be released under Section 40 BNSS?▼
Under Section 40(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
What changed from Section 43 CrPC to Section 40 BNSS from 1 July 2024?▼
From 1 July 2024, Section 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 43 of the Code of Criminal Procedure, 1973. 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 comes under the provisions of Section 35(1) BNSS, a police officer shall take him in custody, where Section 43(2) CrPC read comes under the provisions of Section 41 CrPC, a police officer shall re-arrest him. Section 40(3) BNSS refers to Section 39 BNSS where Section 43(3) CrPC referred to Section 42 CrPC.
Section 40 BNSS: Sub-sections Explained
Section 40(1) BNSS: Arrest by private person and procedure on such arrest
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Bare Act 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.
Section 40(2) BNSS: Arrest by private person and procedure on such arrest
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Bare Act Text
(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.
Section 40(3) BNSS: Arrest by private person and procedure on such arrest
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Bare Act Text
(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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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·