Every citizen is a police officer without uniform and every police officer is a common citizen in uniform. Every citizen has been given power of a police officer to ensure peace and order in the society and thus a common citizen can contribute a lot in the maintenance of law and order in the society. Section 43 of the Criminal Procedure Code of India bestowed power of arrest to the common citizen if a cognizable and non- bailable offence is committed in his or her presence. The section 43 says:
“(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, 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 section 41, a police officer shall re-arrest him.
(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 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.”
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