Arrest by private person and procedure on such arrest

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....ocedure 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, ....

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....fficer 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, ....