Arrest by Magistrate
Section 44 of the Code of Criminal Procedure, 1973 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 44, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 41 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 The repealed enactment still governs what happened while it was in force.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
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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… Otherwise, an arrest will be termed as a punishment, which power can never be under Section 19 of the PMLA, 2002. This position being as clear as day light, the proviso to Section 44(1)(b) of the PMLA, 2002 throws further insight into it. Section 44 "44. Offences triable by Special Courts .—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— xxx xxx xxx ( b ) a Special Court may, upon a complaint made by an authority authorised …
Questions about Section 44
What have the courts held on Section 44 of the Code of Criminal Procedure?
Abduk Khader Shaik vs State of Telangana (21 Aug 2014) is the leading judgment on this section among those set out below: 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 44 of the Code of Criminal Procedure?
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: CRPC 44, section 44 CRPC, section 44 of the Code of Criminal Procedure. 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 44 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 41 (Arrest by Magistrate), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 44 of the Code of Criminal Procedure come into force?
Section 44 of the Code of Criminal Procedure, cited as CRPC 44, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.