CrPC 41 BNSS Equivalent: New Section and What Changed

Aspect	CrPC 1973 (repealed)	BNSS 2023 (in force)
Section	41	35
Heading	When police may arrest without warrant	Same
Sub-sections	2 sub-sections	7 sub-sections
Cross-references	s.356, s.42	s.394, s.39

CrPC 41 and BNSS 35: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 41, CrPC 1973

41. When police may arrest without warrant.—(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person— (a) who commits, in the presence of a police officer, a cognizable offence; (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:— (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary— (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.; (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or (i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.

BNSS 2023 (in force)

Section 35, BNSS 2023

35. When police may arrest without warrant.—(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person— (a) who commits, in the presence of a police officer, a cognizable offence; or (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:— (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary— (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or (c) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or (d) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or (e) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (g) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (h) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (i) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or (j) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate. (3) The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. (4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice. (7) No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.

When It Applies: CrPC 41 vs BNSS 35

Under CrPC 41

A police officer may, without an order from a Magistrate and without a warrant, arrest any person who commits a cognizable offence in the presence of a police officer under Section 41(1)(a) of the Code of Criminal Procedure, 1973.
Under Section 41(1)(b) CrPC, a police officer may arrest a person against whom a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists of committing a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine, if the officer has reason to believe the person committed it, is satisfied arrest is necessary to prevent further offence, ensure proper investigation, prevent disappearance or tampering with evidence, prevent inducement, threat, or promise to witnesses, or ensure presence in Court, and records reasons in writing while making the arrest.
The proviso to Section 41(1)(b) CrPC adds a duty, not a relaxation: in every case where arrest is not required under Section 41(1) CrPC, the police officer shall record in writing the reasons for not making the arrest.
Under Section 41(1)(ba) CrPC, a police officer may arrest a person against whom credible information has been received of committing a cognizable offence punishable with imprisonment for a term which may extend to more than seven years, whether with or without fine, or with death sentence, if the officer has reason to believe on the basis of that information that the person committed the offence.
Under Sections 41(1)(c) to 41(1)(i) CrPC, a police officer may also arrest without a warrant a proclaimed offender, a person found in possession of suspected stolen property and reasonably suspected of an offence with reference to it, a person who obstructs a police officer in execution of duty or escapes or attempts to escape from lawful custody, a reasonably suspected deserter from the Armed Forces of the Union, a person concerned in an act committed outside India that would have been punishable as an offence if committed in India, and for which he is liable to be apprehended or detained in custody in India under extradition law or otherwise, a released convict breaching a rule under Section 356(5) CrPC, or a person for whose arrest another police officer has sent a written or oral requisition that meets the conditions in Section 41(1)(i) CrPC.

Under BNSS 35

Under Sections 35(1)(a) and 35(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer may arrest without an order from a Magistrate and without a warrant a person who commits a cognizable offence in the presence of a police officer, or against whom a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists of committing a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine, in the second case only if the officer has reason to believe the person committed the offence, is satisfied arrest is necessary for a purpose listed in Section 35(1)(b)(ii) BNSS, and records reasons in writing while making the arrest.
Under the proviso to Section 35(1)(b) BNSS, which limits the power of arrest, a police officer shall record the reasons in writing for not making the arrest in all cases where the arrest of a person is not required under Section 35(1) BNSS.
Under Sections 35(1)(c) to 35(1)(j) BNSS, a police officer may arrest without a warrant a person against whom credible information has been received and whom the officer has reason to believe committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years or with death sentence, as well as a proclaimed offender under the Sanhita or State Government order, a person found in possession of suspected stolen property and reasonably suspected of an offence with reference to it, a person obstructing a police officer in duty or escaping or attempting to escape from lawful custody, a reasonably suspected deserter from the Armed Forces of the Union, a person concerned in an act committed outside India that would have been punishable as an offence if committed in India, and for which he is liable to be apprehended or detained in custody in India under extradition law or otherwise, a released convict breaching a rule under Section 394(5) BNSS, or a person for whose arrest another police officer has sent a written or oral requisition that meets the conditions in Section 35(1)(j) BNSS.
Under Sections 35(3) and 35(4) BNSS, in all cases where the arrest of a person is not required under Section 35(1) BNSS, the police officer shall issue a notice directing the person against whom a reasonable complaint has been made, credible information has been received, or a reasonable suspicion exists of committing a cognizable offence to appear before the officer or at another place specified in the notice, and it shall be the duty of that person to comply with the terms of the notice.
Under Sections 35(5) and 35(6) BNSS, a person who complies and continues to comply with the notice shall not be arrested for the offence unless the police officer records reasons that the person ought to be arrested, whereas if the person at any time fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may arrest the person for the offence mentioned in the notice, subject to such orders as may have been passed by a competent Court.
Under Section 35(7) BNSS, where an offence is punishable for imprisonment of less than three years and the person is infirm or is above sixty years of age, no arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police.

What CrPC 41 to BNSS 35 Means in Practice

From 1 July 2024, Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 combines warrantless arrest and notice of appearance rules from Sections 41 and 41A of the Code of Criminal Procedure, 1973. While those arrest and notice rules continue unchanged, Section 35(7) BNSS bars arresting a person who is infirm or is above sixty years of age for an offence punishable for imprisonment of less than three years without prior permission of an officer not below the rank of Deputy Superintendent of Police.

FAQs: CrPC 41 to BNSS 35

Did the conditions for warrantless arrest in Section 41(1) CrPC change in Section 35(1) BNSS?▼

No. The substantive grounds and conditions for arrest without a warrant in Section 41(1) of the Code of Criminal Procedure, 1973 remain unchanged in Section 35(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The differences in Section 35(1) BNSS are changes of form, namely re-lettering Sections 41(1)(ba) to 41(1)(i) CrPC as Sections 35(1)(c) to 35(1)(j) BNSS, replacing Code with Sanhita in Section 35(1)(d) BNSS, and updating the cross-reference in Section 35(1)(i) BNSS from Section 356(5) CrPC to Section 394(5) BNSS.

Where did Sections 35(3) to 35(6) BNSS come from?▼

Sections 35(3), 35(4), 35(5), and 35(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023 come from Sections 41A(1), 41A(2), 41A(3), and 41A(4) of the Code of Criminal Procedure, 1973. Those provisions govern the issuance of a notice of appearance before a police officer where arrest is not required under Section 35(1) BNSS, the duty of the person to comply with the notice, protection from arrest while complying, and the power to arrest if the person fails to comply or is unwilling to identify himself.

What is the new rule added in Section 35(7) BNSS that was not in Section 41 CrPC?▼

Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has no source in the Code of Criminal Procedure, 1973 and introduces a new restriction on arrest from 1 July 2024. It provides that no arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and where the person is infirm or is above sixty years of age.

CrPC 41 to BNSS 35: When police may arrest without warrant

CrPC 41 to BNSS 35 at a Glance

What Changed From CrPC 41 to BNSS 35?

CrPC 41 vs BNSS 35: Comparison Table

CrPC 41 and BNSS 35: Bare Act Text Side by Side

When It Applies: CrPC 41 vs BNSS 35

What CrPC 41 to BNSS 35 Means in Practice

FAQs: CrPC 41 to BNSS 35