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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 5 : Arrest

42. Arrest by private person without warrant


(1) Any private person may without warrant arrest any person—
(a) who commits or attempts to commit in his presence or whom he reasonably suspects of having committed an offence referred to in Schedule 1;
(b) whom he reasonably believes to have committed any offence and to be escaping from and to be freshly pursued by a person whom such private person reasonably believes to have authority to arrest that person for that offence;
(c) whom he is by any law authorised to arrest without warrant in respect of any offence specified in that law;
(d) whom he sees engaged in an affray.


(2) Any private person who may without warrant arrest any person under subsection (1)(a) may forthwith pursue that person, and any other private person to whom the purpose of the pursuit has been made known, may join and assist therein.


(3) The owner, lawful occupier or person in charge of property on or in respect of which any person is found committing any offence, and any person authorised thereto by such owner, occupier or person in charge, may without warrant arrest the person so found.

[Section 42(3) substituted by section 13 of Act No. 59 of 1983]