Arrest by Magistrate.
What this section does
A Magistrate (Executive or Judicial) may personally arrest or order the arrest of an offender who commits an offence in his presence within his local jurisdiction, and may commit the offender to custody subject to bail provisions. Additionally, any Magistrate may at any time arrest or direct the arrest of any person for whose arrest he is competent to issue a warrant, provided the person is within his local jurisdiction and in his presence.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Magistrate (Executive or Judicial)
- Time limit
- None specified
Derived from CrPC s.44.
Read the official text
For the binding statutory text of BNSS Section 41, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 41 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.