Code of Criminal Procedure, 1973 · Chapter V: Arrest of Persons
Section 43: Arrest by private person and procedure on such arrest
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 43
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Madan v. State of Uttar Pradesh
Six deaths were caused on account of brutal firing by the appellants and other accused persons. The trial court imposed sentence of capital punishment to the appellants (‘M’ and ‘S’) herein for the offence punishable…
- Manoj Pratap Singh v. The State of Rajasthan
- Veerendra v. State of Madhya Pradesh
- Pappu v. The State of Uttar Pradesh
- Hari & Anr. v. The State of Uttar Pradesh
- Gautam Navlakha v. National Investigation Agency
- Union of India v. Ashok Kumar Sharma and Others
- Ravi S/O Ashok Ghumare v. The State of Maharashtra
- Chhannu Lal Verma v. The State of Chhattisgarh
- Mukesh & Anr. v. State for NCT of Delhi & Ors.
- Vasanta Sampat Dupare v. State of Maharashtra
- Shabnam v. State of U. P.
- Purushotiam Dashrath Borate &Anr. v. State of Maharashtra
- Mofil Khan & Anr. v. State of Jharkhand
- Santosh Kumar Singh v. State of Madhya Pradesh
- Amar Singh Yadav v. State of U.P.
- Sushil Sharma v. The State of N.C.T. of Delhi
- Deepak Rai v. State of Bihar
- Shankar Kisanrao Khade v. State of Maharashtra
- Sunder @ Sundararajan v. State by Inspector of Police
- Sangeet & Anr. v. State of Haryana
- Rajendra Pralhadrao Wasnik v. The State of Maharashtra
- Brajendrasingh v. State of Madhya Pradesh
- Ramnaresh & Ors. v. State of Chhattisgarh
- Mohd. Arif @ Ashfaq v. State of NCT of Delhi
- Atbir v. Govt. of N.C.T. of Delhi