CrPC Section 41B: Procedure of arrest and duties of officer making arrest Procedure of arrest and duties of officer making arrest
Code of Criminal Procedure, 1973 · Chapter 5: Arrest of Persons
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
41B. Procedure of arrest and duties of officer making arrest Procedure of arrest and duties of officer making arrest. - Every police officer while making an arrest shall-
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(b) prepare a memorandum of arrest which shall be-
(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.
*[Inserted by Code of Criminal Procedure Amendment act, 2008]
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 41. When police may arrest without warrant
- 41A. Notice of appearance before police officer
- 41C. Control room at districts
- 41D. Right of arrested person to meet an advocate of his choice during interrogation
- 42. Arrest on refusal to give name and residence
- 43. Arrest by private person and procedure on such arrest
- 44. Arrest by Magistrate
- 45. Protection of members of the Armed Forces from arrest
- 46. Arrest how made
- 47. Search of place entered by person sought to be arrested
- 48. Pursuit of offenders into other jurisdictions
- 49. No unnecessary restraint
- 50. Person arrested to be informed of grounds of arrest and of right to bail
- 50A. Obligation of person making arrest to inform about the arrest to inform about the arrest, etc., to a nominated person
- 51. Search of arrested persons
- 52. Power to seize offensive weapons
- 53. Examination of accused by medical practitioner at the request of police officer
- 53A. Examination of person accused of rape by medical practitioner
- 54. Examination of arrested person by medical officer
- 54A. Identification of person arrested
- 55. Procedure when police officer deputes subordinate to arrest without warrant
- 55A. Health and safety of arrested person
- 56. Person arrested to be taken before Magistrate or officer in charge of police station
- 57. Person arrested not to be detained more than twenty-four hours
- 58. Police to report apprehensions
- 59. Discharge of person apprehended
- 60. Powers, on escape, to pursue and re-take
- 60A. Arrest to be made strictly according to the Code