CrPC Section 43

05 Jun 2025 --
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Criminal Procedure Code (CrPC) - Section 43: Arrest by Private Person and Procedure on Such Arrest

Section 43 of the Criminal Procedure Code (CrPC) empowers private individuals to arrest certain persons under specific conditions and lays down the procedure to be followed after such an arrest.

Purpose:

The purpose of Section 43 is to involve responsible citizens in the maintenance of law and order by allowing them to arrest offenders caught in the act, while ensuring safeguards through a defined legal process.

Key Provisions of Section 43:

1. Who Can Arrest:

Any private person (i.e., a person who is not a police officer) can arrest another person under certain conditions.

2. When Can a Private Person Arrest:

A private person may arrest:

Any person who, in his presence, commits a non-bailable and cognizable offence, or

Any proclaimed offender (a person declared as such under law, usually by a court for absconding).

3. What Must Be Done After the Arrest:

The person making the arrest must, without unnecessary delay, hand over the arrested person to a police officer or take him to the nearest police station.

If a police officer receives such a person, he shall take custody of the arrested individual.

4. Role of the Police Officer:

If the arrested person is suspected of having committed a cognizable offence, the police will proceed to re-arrest him and may begin investigation.

If there is no sufficient ground to believe a cognizable offence has been committed, and the person is not a proclaimed offender, he shall be released immediately.

Legal Safeguards:

This section prevents the misuse of power by private individuals by requiring them to immediately bring the matter to the attention of lawful authorities.

It ensures that the rights of the arrested person are protected through prompt involvement of the police.

Example:

If a person witnesses someone committing a robbery (a cognizable and non-bailable offence), they can legally detain that individual and hand them over to the nearest police station. However, they cannot keep the person detained for long or take the law into their own hands beyond what is necessary for the arrest.

Importance of Section 43:

Supports Law Enforcement: Encourages public participation in maintaining public safety.

Checks and Balances: Ensures that arrests made by civilians are legally regulated to avoid misuse.

Immediate Action Against Crime: Allows quick intervention when crimes occur in the presence of responsible citizens.

Conclusion:

Section 43 of the CrPC empowers private individuals to arrest persons under specific circumstances while mandating them to immediately involve the police. It balances citizen involvement in upholding law and order with legal safeguards to protect against abuse and ensure justice.