Question

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

Hint:

A citizen's arrest (by a private person) under Section 43 CrPC is allowed only in two specific situations: 1. You see someone committing a serious crime (non-bailable AND cognizable). 2. The person is a known "proclaimed offender."

Answer 1

The Correct Option is B

The power of a private person to arrest is given under Section 43 of the CrPC. According to Section 43(1), any private person may arrest or cause to be arrested any person who in their presence commits a non-bailable and cognizable offence, or any proclaimed offender. The requirement is twofold for an ongoing offence: it must be both non-bailable (serious) and cognizable (allowing police to arrest without a warrant). Option (b) is the most accurate description of this requirement. Option (d) is too broad as it says "commits offence" which could include minor, non-cognizable offences for which this power is not available.