LawFinder — Section Detail
Review the original statutory text or switch to the plain-language version. Related sections and acts remain accessible without interrupting your research flow.
Section reader
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.
1. Anyone can arrest someone if:
The person who makes the arrest must take the arrested person to a police officer as soon as possible, but no later than six hours after the arrest. If there is no police officer nearby, they must take the arrested person to the nearest police station.
2. If the police think the arrested person should be arrested by the police under the rules for serious crimes, they can take over the arrest.
3. If the police think the arrested person has committed a minor crime and refuses to say who they are or gives a false name, they will follow the rules for people who refuse to identify themselves.
If the police don't think the person has done anything wrong, they must let them go immediately.
