Bharat Samvidhan
BNSS Section 40

Section 40 BNSS: committed any offence, he shall be at once released

Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official Statutory Wording (100% Legally Correct)

(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

Simplified Legal Summary

This section details the statutory rules, frameworks, and procedures under Section 40 of the BNSS.

Legal Compliance Notice

This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.

Frequently Asked Questions (FAQs)

Q: What does BNSS Section 40 cover?

A: Section 40 of the BNSS 2023 deals with: "committed any offence, he shall be at once released". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.

Q: Which old CrPC section does BNSS Section 40 replace?

A: BNSS Section 40 ("committed any offence, he shall be at once released") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.

Q: Does BNSS Section 40 apply across all Indian states?

A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 40 ("committed any offence, he shall be at once released") follows this national applicability.

Q: When did BNSS Section 40 come into effect?

A: The BNSS 2023 — including Section 40 ("committed any offence, he shall be at once released") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.