When can an arrest be made by a private person under the Bharatiya Nagarik Suraksha Sanhita, 2023 ?

Under Section 40 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaces Section 43 of the Code of Criminal Procedure, 1973), a private person is authorized to arrest or cause to be arrested any individual who, in their presence, commits a non-bailable and cognizable offence. Additionally, a private person may arrest someone who is a proclaimed offender. The law requires that the arrested person be handed over to a police officer or taken to the nearest police station without unnecessary delay. Arrests for bailable or non-cognizable offences by private individuals are not permitted under this specific provision, as those categories generally represent less serious offences where the immediate power of citizen arrest is not extended.