Section 44 CrPC: Arrest by Magistrate

Code of Criminal Procedure, 1973

Section 44 CrPC at a Glance

Section 44 CrPC deals with arrest by Magistrate. From 1 July 2024 it is replaced by Section 41 BNSS.

Now BNSS

What Section 44 CrPC Says

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.

Source: Section 44, Code of Criminal Procedure, 1973

Section 44 CrPC in Simple Words

Section 44 of the Code of Criminal Procedure, 1973 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 Code 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 44 CrPC Applies

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.
Under Section 44(1) CrPC, the Magistrate may also order any person to arrest the offender.
Under Section 44(1) CrPC, the Magistrate may thereupon, subject to the provisions of the Code as to bail, commit the offender to custody.
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.

Example of Section 44 CrPC

Ramesh, a Judicial Magistrate, is in a market within the local jurisdiction of Ramesh. Suresh commits an offence in the presence of Ramesh. Under Section 44(1) of the Code of Criminal Procedure, 1973, Ramesh may arrest Suresh or order Dinesh, a bystander, to arrest Suresh, and may thereupon, subject to the provisions of the Code as to bail, commit Suresh to custody. In the same market, Mohan is in the presence of Ramesh, and Ramesh is competent at the time and in the circumstances to issue a warrant for the arrest of Mohan. Under Section 44(2) CrPC, Ramesh may arrest Mohan or direct the arrest of Mohan.

When Section 44 CrPC Does Not Apply

Section 44 of the Code of Criminal Procedure, 1973 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 44(1) CrPC 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 44 CrPC Under BNSS 41: What Changed

Section 44 CrPC is now covered under Section 41 BNSS.

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.

View detailed comparison (CrPC 44 vs BNSS 41) →

FAQs on Section 44 CrPC

Can both Executive and Judicial Magistrates make an arrest under Section 44 CrPC?▼

Yes. Section 44(1) of the Code of Criminal Procedure, 1973 and Section 44(2) CrPC both speak of a Magistrate, whether Executive or Judicial.

What is the difference between an arrest under Section 44(1) CrPC and an arrest under Section 44(2) CrPC?▼

Section 44(1) of the Code of Criminal Procedure, 1973 speaks of an offence committed in the presence of a Magistrate within his local jurisdiction, and lets the Magistrate thereupon, subject to the provisions of the Code as to bail, commit the offender to custody. Section 44(2) CrPC 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.

Must a Magistrate physically make the arrest himself under Section 44 CrPC?▼

No. Under Section 44(1) of the Code of Criminal Procedure, 1973, the Magistrate may himself arrest or order any person to arrest the offender. Under Section 44(2) CrPC, the Magistrate may arrest or direct the arrest, in his presence.

Is committal to custody under Section 44(1) CrPC subject to the provisions as to bail?▼

Yes. Under Section 44(1) of the Code of Criminal Procedure, 1973, the Magistrate may thereupon, subject to the provisions of the Code as to bail, commit the offender to custody.

Where is Section 44 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 44 CrPC is found in Section 41 BNSS, which has the same heading. Section 44(1) CrPC maps to Section 41(1) BNSS, and Section 44(2) CrPC maps to Section 41(2) BNSS.

Have questions about Section 44 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·