CrPC Section 41

BNSS Section 35— When police may arrest without warrant.

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the CrPC.

A police officer may arrest without a warrant or Magistrate's order in specified circumstances including commission of a cognizable offence in the officer's presence, credible information or reasonable suspicion of a cognizable offence, possession of suspected stolen property, obstruction of police, and other enumerated grounds. For offences punishable with less than seven years' imprisonment, the officer must record reasons for arrest or for not arresting; for persons above sixty years of age or infirm persons accused of offences punishable with less than three years' imprisonment, prior permission of an officer not below the rank of Deputy Superintendent of Police is required. Where arrest is not required, the officer must issue a notice to appear.