BNSS Section 41: Arrest by Magistrate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 5: Arrest of Persons
Also available in: हिंदी
¶41.
(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.
Study: explanations and related material
Replaces CrPC 44. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 35. When police may arrest without warrant
- 36. Procedure of arrest and duties of officer making arrest
- 37. Designated police officer
- 38. Right of arrested person to meet an advocate of his choice during interrogation
- 39. Arrest on refusal to give name and residence
- 40. Arrest by private person and procedure on such arrest
- 42. Protection of members of Armed Forces from arrest
- 43. Arrest how made
- 44. Search of place entered by person sought to be arrested
- 45. Pursuit of offenders into other jurisdictions
- 46. No unnecessary restraint
- 47. Person arrested to be informed of grounds of arrest and of right to bail
- 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend
- 49. Search of arrested person
- 50. Power to seize offensive weapons
- 51. Examination of accused by medical practitioner at request of police officer
- 52. Examination of person accused of rape by medical practitioner
- 53. Examination of arrested person by medical officer
- 54. Identification of person arrested
- 55. Procedure when police officer deputes subordinate to arrest without warrant
- 56. Health and safety of arrested person
- 57. Person arrested to be taken before Magistrate or officer in charge of police station
- 58. Person arrested not to be detained more than twenty-four hours
- 59. Police to report apprehensions
- 60. Discharge of person apprehended
- 61. Power, on escape, to pursue and retake
- 62. Arrest to be made strictly according to Sanhita