Bare act provision Arrest by private person [section 40] Section 40 lays down the circumstances when a private person can arrest and procedure on such arrest Circumstances in which a private person can arrest: Any private person may arrest or cause to be arrested who in the presence of private person. i) commits a non - bailable and cognizable offence. ii) Any proclaimed offender. 2: Arrest by magistrate section 41 The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023), enacted to replace the colonial-era Criminal Procedure Code (CrPC), brings a renewed focus on balancing citizen rights and policing powers . Arrest, being a powerful tool in the hands of law enforcement, is rightly placed under scrutiny in BNSS 2023. Let’s break down what "arrest" means under this new law, the grounds under which it can occur, and the protective safeguards embedded within. What is Arrest Arrest is the legal restraint of a person’s libe...
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