Arrest by Private Person and Procedure on Such Arrest under Section 37 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Provision allowing private persons to arrest offenders in limited situations and requiring immediate handover to police.

Introduction

Although the power to arrest is primarily vested in police officers, the law also recognizes situations where a private individual may arrest a person who has committed a serious offence. This ensures that offenders cannot escape justice merely because police officers are not immediately present.

Section 37 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that a private person may arrest an offender in specific circumstances and must promptly deliver the arrested person to the police authorities. This provision corresponds to Section 43 of the Code of Criminal Procedure, 1973.

The provision aims to support law enforcement while ensuring that private persons do not misuse the power of arrest.

Meaning of Arrest by Private Person

Arrest by a private person refers to the act of a civilian taking a person into custody when that individual has committed certain serious offences in their presence. This power is limited and must be exercised strictly within the conditions prescribed by law.

The purpose of such arrest is not punishment but to ensure that the offender is brought before the lawful authorities.

Circumstances Where a Private Person May Arrest

Under Section 37 BNSS, a private person may arrest another person if:

1. The person commits a non-bailable and cognizable offence in the presence of the private individual.
2. The person arrested is a proclaimed offender.

A proclaimed offender is a person who has been declared absconding by a court and against whom a proclamation has been issued.

Procedure After Arrest by a Private Person

After making such an arrest, the private person must without unnecessary delay hand over the arrested individual to a police officer.

If a police officer is not immediately available, the arrested person must be taken to the nearest police station.

The private individual does not have the authority to detain the arrested person for a long time or conduct any investigation.

Duties of the Police After Such Arrest

When a person arrested by a private individual is brought before a police officer, the police must examine the circumstances of the arrest.

Two possibilities may arise:

When the Offence is Cognizable

If the police officer finds that the arrested person has committed a cognizable offence, the police officer may re-arrest the person under the provisions governing police arrest, such as Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

When the Offence is Non-Cognizable

If the offence is non-cognizable and the arrested person refuses to give their name and address, the police officer may detain the person until their identity is verified.

However, if the arrested person provides their name and address, they must generally be released.

Limitations on the Power of Private Arrest

The law imposes strict limitations on the power of private persons to arrest.

A private individual cannot:

• Arrest someone merely on suspicion.
• Arrest someone for a bailable offence.
• Use excessive force during arrest.
• Detain the person for an unreasonable period.

Misuse of this power may lead to criminal liability, including charges of wrongful confinement.

Judicial Principles

Indian courts have emphasized that the power of arrest by private persons must be exercised cautiously and only in clear situations where the offence is committed in their presence.

Courts have repeatedly stated that citizens must not misuse this power to settle personal disputes or harass individuals.

Connection with Other Provisions of BNSS

Section 37 forms part of the broader legal framework governing arrest under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Related provisions include:

• Section 35 – Arrest of persons by police
• Section 36 – Procedure of arrest and duties of police officer
• Section 38 – Right of arrested person to meet advocate
• Section 39 – Right of arrested person to inform relatives or friends

These provisions collectively regulate the entire process of lawful arrest in the criminal justice system.

Illustrative Example

If a person witnesses another individual committing robbery and the offender attempts to flee, the witness may restrain and arrest the offender.

However, the witness must immediately take the offender to the nearest police station or hand them over to a police officer without delay.

Important Points for Examination

• Section 37 BNSS corresponds to Section 43 CrPC.
• Private persons may arrest only for non-bailable and cognizable offences committed in their presence.
• Proclaimed offenders may also be arrested by private individuals.
• The arrested person must be handed over to police without delay.
• Private persons cannot detain or investigate the accused.

Conclusion

Section 37 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows private individuals to assist in maintaining law and order by arresting offenders in limited circumstances. However, the provision imposes strict safeguards to prevent misuse of this power. The primary responsibility for investigation and custody continues to rest with the police authorities.