40. (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, but within six hours from such arrest, 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 sub-section (1) of section 35, a police officer shall take him in custody.
(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 39; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 31 Public when to assist Magistrates and police
Section 32 Aid to person, other than police officer, executing warrant
Section 33 Public to give information of certain offences
Section 34 Duty of officers employed in connection with affairs of a village to make certain report
Section 35 When police may arrest without warrant
Section 36 Procedure of arrest and duties of officer making arrest
Section 37 Designated police officer
Section 38 Right of arrested person to meet an advocate of his choice during interrogation
Section 39 Arrest on refusal to give name and residence
Section 40 Arrest by private person and procedure on such arrest