Section 41 BNSS: Arrest by Magistrate
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 41 BNSS at a Glance
Section 41 BNSS deals with arrest by Magistrate. It replaced Section 44 CrPC on 1 July 2024.
Section 41 BNSS Bare Act Text
(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.
Source: Section 41, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 41 BNSS in Simple Words
Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arrest by a Magistrate.
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 of the Sanhita as to bail, commit the offender to custody.
Any Magistrate, whether Executive or Judicial, may also 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 Section 41 BNSS Applies
- 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.
- Under Section 41(1) BNSS, the Magistrate may also order any person to arrest the offender.
- Under Section 41(1) BNSS, the Magistrate may thereupon, subject to the provisions of the Sanhita as to bail, commit the offender to custody.
- 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.
Example of Section 41 BNSS
When Section 41 BNSS Does Not Apply
- Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of an arrest within the local jurisdiction of the Magistrate. It does not deal with an arrest outside the local jurisdiction of the Magistrate.
- Section 41(1) BNSS speaks of an offence committed in the presence of a Magistrate. It does not deal with an offence committed when no Magistrate is present.
Section 41 BNSS in the CrPC (Previous Law)
Section 41 BNSS replaced Section 44 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 41 BNSS
Which Magistrates can make or direct an arrest under Section 41 BNSS?▼
Section 41(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 41(2) BNSS both speak of a Magistrate, whether Executive or Judicial.
Can a Magistrate arrest a person under Section 41(2) BNSS where no offence is committed in the presence of the Magistrate?▼
Section 41(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not speak of an offence committed in the presence of the Magistrate. It speaks of an arrest at any time, in the presence of the Magistrate, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
Can a Magistrate order someone else to make the arrest under Section 41 BNSS?▼
Yes. Under Section 41(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate may himself arrest or order any person to arrest the offender. Under Section 41(2) BNSS, the Magistrate may arrest or direct the arrest, in his presence.
Is committal to custody under Section 41(1) BNSS subject to the provisions as to bail?▼
Yes. Under Section 41(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate may thereupon, subject to the provisions of the Sanhita as to bail, commit the offender to custody.
What changed from Section 44 CrPC to Section 41 BNSS from 1 July 2024?▼
From 1 July 2024, Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 44 of the Code of Criminal Procedure, 1973. Section 41 BNSS has the same heading and the same text as Section 44 CrPC.
Section 41 BNSS: Sub-sections Explained
Section 41(1) BNSS: Arrest by Magistrate
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Bare Act Text
(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.
Section 41(2) BNSS: Arrest by Magistrate
▶
Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·