Code of Criminal Procedure, 1973 · Section 44

CrPC 44 in BNSS: Section 41

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

Code of Criminal Procedure

CrPC 44 is now BNSS 41.

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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