Section 43 CrPC: Arrest by private person and procedure on such arrest
Code of Criminal Procedure, 1973
Section 43 CrPC at a Glance
Section 43 CrPC deals with arrest by private person and procedure on such arrest. From 1 July 2024 it is replaced by Section 40 BNSS.
What Section 43 CrPC Says
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.
Source: Section 43, Code of Criminal Procedure, 1973
Section 43 CrPC in Simple Words
Section 43 of the Code of Criminal Procedure, 1973 deals with arrest by a private person and the procedure on such arrest. Under Section 43(1) CrPC, 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, 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 43(2) CrPC, if there is reason to believe that the arrested person comes under the provisions of Section 41 CrPC, a police officer shall re-arrest the person. Under Section 43(3) CrPC, there may be reason to believe that a person has committed a non-cognizable offence.
The person shall then be dealt with under Section 42 CrPC 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 43 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Time Limits Under Section 43 CrPC
- 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”
Example of Section 43 CrPC
When Section 43 CrPC Does Not Apply
- Section 43(1) of the Code of Criminal Procedure, 1973 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 43 CrPC Under BNSS 40: What Changed
Section 43 CrPC is now covered under Section 40 BNSS.
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.
View detailed comparison (CrPC 43 vs BNSS 40) →FAQs on Section 43 CrPC
When may a private person arrest someone under Section 43 CrPC?▼
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.
What must a private person do after arresting someone under Section 43 CrPC?▼
Under Section 43(1) of the Code of Criminal Procedure, 1973, the private person, 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.
When shall a police officer re-arrest a person handed over under Section 43 CrPC?▼
Under Section 43(2) of the Code of Criminal Procedure, 1973, if there is reason to believe that such person comes under the provisions of Section 41 CrPC, a police officer shall re-arrest him. 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.
What happens under Section 43 CrPC if the arrested person is believed to have committed a non-cognizable offence?▼
Under Section 43(3) of the Code of Criminal Procedure, 1973, 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.
Where is Section 43 CrPC found from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 43 CrPC is found in Section 40 BNSS, which has the same heading. Section 43(1) CrPC maps to Section 40(1) BNSS, Section 43(2) CrPC maps to Section 40(2) BNSS, and Section 43(3) CrPC maps to Section 40(3) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·