Section 40 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS

Arrest by private person and procedure on such arrest.

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.

Read more Section 21 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS