CrPC 41B→BNSS 36

CrPC 41B to BNSS 36: Procedure of arrest and duties of officer making arrest

Section 41B CrPC (1973) replaced by Section 36 BNSS (2023)

View CrPC Section 41B →View BNSS Section 36 →

CrPC 41B to BNSS 36 at a Glance

Section 41B CrPC (Procedure of arrest and duties of officer making arrest) is now Section 36 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 41B to BNSS 36?

Section 41B of the Code of Criminal Procedure, 1973 became Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The renumbering from Section 41B CrPC to Section 36 BNSS is a change of form. The duties under Section 36(a) BNSS and Section 36(b) BNSS to bear an accurate, visible, and clear name identification and to prepare an attested and countersigned memorandum of arrest are unchanged. The only substantive change is in Section 36(c) BNSS, which expands the right of the arrested person to have a relative, a friend, or any other person named by him informed of the arrest.

CrPC 41B vs BNSS 36: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section41B36
HeadingProcedure of arrest and duties of officer making arrestSame

CrPC 41B and BNSS 36: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 41B, CrPC 1973

41B. 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.
BNSS 2023 (in force)

Section 36, BNSS 2023

36. 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 or any other person named by him to be informed of his arrest.

When It Applies: CrPC 41B vs BNSS 36

Under CrPC 41B
  1. Every police officer carrying out an arrest shall display an accurate, visible, and clear name identification so that the officer can be easily identified under Section 41B(a) CrPC.
  2. While making an arrest, the police officer shall prepare an arrest memorandum attested by at least one witness from the family of the arrested person or a respectable member of the locality where the arrest takes place under Section 41B(b)(i) CrPC.
  3. The police officer making the arrest shall ensure that the memorandum of arrest is countersigned by the person who is arrested under Section 41B(b)(ii) CrPC.
  4. When the arrest memorandum is not attested by a family member of the arrested person, the arresting police officer shall inform the arrested person of the right to have a chosen relative or friend notified of the arrest under Section 41B(c) CrPC.
Under BNSS 36
  1. Every police officer carrying out an arrest shall display an accurate, visible, and clear name identification so that the officer can be easily identified under Section 36(a) BNSS.
  2. While making an arrest, the police officer shall prepare an arrest memorandum attested by at least one witness from the family of the arrested person or a respectable member of the locality where the arrest takes place under Section 36(b)(i) BNSS.
  3. The police officer making the arrest shall ensure that the memorandum of arrest is countersigned by the person who is arrested under Section 36(b)(ii) BNSS.
  4. When the arrest memorandum is not attested by a family member of the arrested person, the arresting police officer shall inform the arrested person of the right to have a relative, a friend, or any other person named by him notified of the arrest under Section 36(c) BNSS.

What CrPC 41B to BNSS 36 Means in Practice

Under Section 41B(c) of the Code of Criminal Procedure, 1973, an arrested person whose arrest memorandum was not attested by a family member had the right to name only a relative or a friend to be informed of the arrest. Under Section 36(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the arrested person also has the right to name any other person to be informed of the arrest. The duties on officer identification and the arrest memorandum have the same text.

FAQs: CrPC 41B to BNSS 36

What is the difference between Section 41B CrPC and Section 36 BNSS?▼

Section 36 of the Bharatiya Nagarik Suraksha Sanhita, 2023 keeps the arrest procedure of Section 41B of the Code of Criminal Procedure, 1973 intact except for one expansion in Section 36(c) BNSS. Where the memorandum of arrest is not attested by a family member, Section 41B(c) CrPC gave the arrested person the right to name a relative or a friend to be informed of the arrest, whereas Section 36(c) BNSS allows the arrested person to name a relative, a friend, or any other person.

Did the rules on the memorandum of arrest change between Section 41B CrPC and Section 36 BNSS?▼

No, the rules for the memorandum of arrest are unchanged between Section 41B(b) of the Code of Criminal Procedure, 1973 and Section 36(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both provisions, the arresting police officer must prepare a memorandum of arrest attested by at least one witness who is a family member of the arrested person or a respectable member of the locality where the arrest is made, and the memorandum must be countersigned by the arrested person.

Did the police officer identification requirement change from Section 41B CrPC to Section 36 BNSS?▼

No, the police officer identification requirement is unchanged from Section 41B(a) of the Code of Criminal Procedure, 1973 to Section 36(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both Section 41B(a) CrPC and Section 36(a) BNSS, every police officer while making an arrest shall bear an accurate, visible, and clear identification of his name which will facilitate easy identification. Only the section number changed from 1 July 2024, which is a change of form.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·