Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 41

BNSS 41: earlier CrPC 44

Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 44 of the Code of Criminal Procedure, 1973. BNSS 41 deals with arrest by Magistrate. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nagarik Suraksha Sanhita

BNSS 41 was CrPC 44.

Arrest by Magistrate.

Carried over
Old wording kept in full
Old · CrPC 1973 · Ch. V
s. 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. V
s. 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.
Text from India Code

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