Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 41
Arrest by Magistrate
In one line
BNSS Section 41 deals with arrest by magistrate and replaces CrPC 44.
Bare act text — BNSS 41
41. Arrest by Magistrate.
(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
Frequently asked
What was BNSS Section 41 in the CrPC?
BNSS Section 41 (Arrest by Magistrate) replaces Section 44 of the Code of Criminal Procedure, 1973. CrPC 44 is now BNSS 41.
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Nearby BNSS sections
- BNSS 36 — Procedure of arrest and duties of officer making arrest
- BNSS 37 — Designated police officer
- BNSS 38 — Right of arrested person to meet an advocate of his choice during interrogation
- BNSS 39 — Arrest on refusal to give name and residence
- BNSS 40 — Arrest by private person and procedure on such arrest
- BNSS 42 — Protection of members of Armed Forces from arrest
- BNSS 43 — Arrest how made
- BNSS 44 — Search of place entered by person sought to be arrested
- BNSS 45 — Pursuit of offenders into other jurisdictions
- BNSS 46 — No unnecessary restraint