Arrest by Magistrate
Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arrest by Magistrate. 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. The Act came into force on 01 Jul 2024.
(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.
Section 41, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 44 Arrest by Magistrate Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Abduk Khader Shaik vs State of Telangana
Decided under Code of Criminal Procedure 44, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused seeks anticipatory bail under Section 438 Cr.P.C in a case involving economic offences like fraud and forgery, the High Court may, instead of outright dismissal, grant conditional liberty to the accused to voluntarily surrender before the Magistrate and seek regular bail, thereby balancing the accused's right to personal liberty with the interests of justice and ensuring the case proceeds through proper judicial channels with appropriate conditions imposed by the competent Magistrate.
On this section: Procedure for taking accused into custody - applied in the context of voluntary surrender
-
Ch. Suresh Babu vs State of Telangana
Decided under Code of Criminal Procedure 44, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving serious offences with high propensity of crime such as criminal conspiracy, forgery, and cheating, anticipatory bail may be denied; however, the accused should be granted liberty to surrender voluntarily and seek regular bail before the Magistrate, who shall consider the application with necessary conditions, balancing the gravity of the crime against personal liberty considerations.
On this section: Section 44 provides for custody of accused persons. The court directed the petitioner to surrender under this section before the Magistrate.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 41
What have the courts held on Section 41 of the Bharatiya Nagarik Suraksha Sanhita?
Abduk Khader Shaik vs State of Telangana (21 Aug 2014) is the leading judgment on this section among those set out below, though it was decided under CRPC 44, which this section replaced -- the court never mentioned this Act: Procedure for taking accused into custody - applied in the context of voluntary surrender. Another 1 judgment on this section is set out below.
How do I find court cases under Section 41 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 41, section 41 BNSS, section 41 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Abduk Khader Shaik vs State of Telangana (21 Aug 2014).
What should I read with Section 41 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 44 (Arrest by Magistrate), so the judgments decided under that provision are the case law on this one.
When did Section 41 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 41 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 41, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.