Section 41B CrPC: Procedure of arrest and duties of officer making arrest

Code of Criminal Procedure, 1973

Section 41B CrPC at a Glance

Section 41B CrPC deals with procedure of arrest and duties of officer making arrest. From 1 July 2024 it is replaced by Section 36 BNSS.

Now BNSS

Section 36 →

What Section 41B CrPC Says

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.

Source: Section 41B, Code of Criminal Procedure, 1973

Section 41B CrPC in Simple Words

Section 41B of the Code of Criminal Procedure, 1973 sets out mandatory duties that every police officer must follow while making an arrest. Section 41B CrPC ensures that the arresting officer can be easily identified through an accurate, visible, and clear name identification.

The officer must also prepare a memorandum of arrest countersigned by the arrested person and attested by at least one witness who is a family member or a respectable member of the locality where the arrest is made. Unless a family member attests that memorandum, the officer must inform the arrested person of the right to have a named relative or friend notified of the arrest.

When Section 41B CrPC Applies

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.
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.
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.
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.

Example of Section 41B CrPC

Police officer Rajesh arrests Vikram in a locality where no family member of Vikram is present. Under Section 41B of the Code of Criminal Procedure, 1973, Rajesh bears an accurate, visible, and clear name identification while making the arrest. Under Section 41B(b) CrPC, Rajesh prepares a memorandum of arrest, gets it attested by Meena, a respectable member of the locality where the arrest is made, and has Vikram countersign it. Because the memorandum is not attested by a family member of Vikram, Section 41B(c) CrPC requires Rajesh to inform Vikram of his right to have a relative or a friend named by him informed of his arrest.

When Section 41B CrPC Does Not Apply

Section 41B CrPC does not apply when a police officer is not making an arrest, or when an action is taken by someone who is not a police officer.
The duty under Section 41B(c) CrPC to inform the arrested person of the right to have a relative or a friend notified of the arrest does not apply when the memorandum of arrest is attested by a family member of the arrested person.
Under Section 41B(b)(i) CrPC, a person cannot serve as the attesting witness on the memorandum of arrest if that person is neither a family member of the arrested person nor a respectable member of the locality where the arrest is made.

Section 41B CrPC Under BNSS 36: What Changed

Section 41B CrPC is now covered under Section 36 BNSS.

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.

View detailed comparison (CrPC 41B vs BNSS 36) →

FAQs on Section 41B CrPC

What identification must a police officer wear while making an arrest under Section 41B CrPC?▼

Every police officer making an arrest must bear an accurate, visible, and clear identification of his name under Section 41B(a) of the Code of Criminal Procedure, 1973. The purpose stated in Section 41B(a) CrPC is that the name identification will facilitate easy identification of the police officer who is making the arrest. This duty is mandatory for every police officer while making an arrest under the Code.

Who must attest and sign the memorandum of arrest under Section 41B CrPC?▼

The police officer making an arrest must prepare a memorandum of arrest under Section 41B(b) of the Code of Criminal Procedure, 1973. Under Section 41B(b)(i) CrPC, the memorandum shall be attested by at least one witness who is either a member of the family of the person arrested or a respectable member of the locality where the arrest is made. Under Section 41B(b)(ii) CrPC, the memorandum shall also be countersigned by the person arrested.

When must the police officer inform the arrested person of the right to notify a relative or friend under Section 41B CrPC?▼

A police officer making an arrest must inform the arrested person of the right to have a relative or a friend named by the arrested person informed of the arrest under Section 41B(c) of the Code of Criminal Procedure, 1973. This duty applies whenever the memorandum of arrest is not attested by a member of the family of the arrested person. If a family member attests the memorandum under Section 41B(b)(i) CrPC, this separate intimation is not required.

Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 41B CrPC?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Under the official mapping, Section 41B CrPC became Section 36 of the Sanhita from 1 July 2024. Section 36 BNSS retains the procedure of arrest and duties of the officer making an arrest from Section 41B CrPC, while expanding the right of the arrested person under Section 36(c) BNSS to name a relative, a friend, or any other person to be informed of the arrest.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·