CrPC 44→BNSS 41

CrPC 44 to BNSS 41: Arrest by Magistrate

Section 44 CrPC (1973) replaced by Section 41 BNSS (2023)

View CrPC Section 44 →View BNSS Section 41 →

CrPC 44 to BNSS 41 at a Glance

Section 44 CrPC (Arrest by Magistrate) is now Section 41 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 44 to BNSS 41?

Section 44 of the Code of Criminal Procedure, 1973 became Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 41 BNSS has the same heading and the same text as Section 44 CrPC.

CrPC 44 vs BNSS 41: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section4441
HeadingArrest by MagistrateSame
Sub-sections2 sub-sectionsSame

CrPC 44 and BNSS 41: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 44, CrPC 1973

44. 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.
BNSS 2023 (in force)

Section 41, BNSS 2023

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.

When It Applies: CrPC 44 vs BNSS 41

Under CrPC 44
  1. Under Section 44(1) of the Code of Criminal Procedure, 1973, when any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest the offender.
  2. Under Section 44(1) CrPC, the Magistrate may also order any person to arrest the offender.
  3. Under Section 44(1) CrPC, the Magistrate may thereupon, subject to the provisions of the Code as to bail, commit the offender to custody.
  4. Under Section 44(2) CrPC, 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.
Under BNSS 41
  1. Under Section 41(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest the offender.
  2. Under Section 41(1) BNSS, the Magistrate may also order any person to arrest the offender.
  3. Under Section 41(1) BNSS, the Magistrate may thereupon, subject to the provisions of the Sanhita as to bail, commit the offender to custody.
  4. Under Section 41(2) BNSS, 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.

What CrPC 44 to BNSS 41 Means in Practice

From 1 July 2024, arrest by a Magistrate is found in Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 44 of the Code of Criminal Procedure, 1973. The text is the same: a Magistrate, whether Executive or Judicial, may arrest or order the arrest of an offender who commits an offence in his presence within his local jurisdiction, and 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.

FAQs: CrPC 44 to BNSS 41

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 44 CrPC?▼

From 1 July 2024, Section 44 of the Code of Criminal Procedure, 1973 is found in Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 44(1) CrPC maps to Section 41(1) BNSS, and Section 44(2) CrPC maps to Section 41(2) BNSS.

Did the text on arrest by a Magistrate change in Section 41 BNSS?▼

No. Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 44 of the Code of Criminal Procedure, 1973.

Does Section 41 BNSS add a sub-section to Section 44 CrPC?▼

No. Section 44 of the Code of Criminal Procedure, 1973 has Section 44(1) CrPC and Section 44(2) CrPC, and Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has Section 41(1) BNSS and Section 41(2) BNSS, with the same text.

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: 18 Oct 2026 ·