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Section 43 CRPC

 SECTION 43 CRPC

By P.Hema

An arrest is curtailing the liberty to ensure the obedience of the order of a court. It may also be done to prevent the commission of a crime or to ensure that a person suspected of a crime is forthcoming to be presented for a trial. Under normal circumstances, a police officer will arrest a person, however, in certain situations a person other than a police officer can make an arrest. The Code of Criminal Procedure, 1973 lays down provisions as to who can make an arrest followed by its procedure. Apart from police officers, the magistrate and a private person can also arrest a person. In this article, we will discuss the conditions under which they can arrest and the procedure.


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.

 

According to this section, any person and not just a citizen can arrest or cause a person to be arrested who commits a non-bailable and cognizable offence in his presence. This also includes a proclaimed offender. The private person shall take over such a person arrested by him to a police officer. In case of absence of a police officer, he shall take him to the nearest police station. The police officer shall re-arrest such person under Section 41 if there is reason to believe that such person has committed a cognizable offence. 

If a person, concerning whom there is reason to believe that he has committed a non-cognizable offence, either refuses to give his name and residence to the police officer or gives a name or residence which the police officer has reason to believe that it is false, Section 42 shall be made applicable on him. However, if the police officer has no reason to believe that such person has committed an offence, he shall release that person. 
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