All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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83.

Any private person may arrest any person who :

A: Commits non-bailable offence in his presence
B: Commits non-bailable offence and cognizable offence in his presence
C: Commits compoundable offence in his presence
D: Commits offence in his presence or is a proclaimed offender
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Explanation

According to Section 43 of the Code of Criminal Procedure, 1973

S. 43 Arrest by private person and procedure on such arrest

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 10 be taken in custody to the nearest police station.

If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him.

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.