CrPC: Arrest by a private person

 As per 41, 42 ,43 and 44 of the act, various authorities and private persons are empowered to arrest a person.

Section 43 of the Act enables a private person to arrest or cause to arrest any person who in the presence of that private person commits a non-bailable and cognizable offence.

The person may be proclaimed offender also and he needs to be submitted to the police officer without any unnecessary delay.

If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him.

If there are sufficient reasons to believe that the person has committed a non-cognizable then, he needs to provide his name and residence details.
If the details provided by him are false or authorised officer has reason to believe that the information provided to him is false then, 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.

Thus, the Code gives power of arrest not only to a police officer and a Magistrate but also under certain circumstances or given situations to private persons.

Case Law Reference:
Mohandas v. State of Kerala, 2006 (3) KLT 173
The Senior Intelligence Officer v. M.K.S. Abu Bucker, 1990 CriLJ 704

 

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