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Bharatiya Nagarik Suraksha Sanhita, 2023

Section 41, BNSS: Arrest by Magistrate

Pundora · Published 3 October 2026

Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the Act's own words, with the CrPC provision it replaces.

What it replaces

BNSS provisionCrPC provisionRelation
Section 41Section 44corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: CrPC to BNSS.

The section

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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Nagarik Suraksha Sanhita, 2023, section 41 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BNSS to CrPC (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.