41. (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.
BNSS Section 41: Arrest by Magistrate
Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arrest by Magistrate. It replaces CrPC 44 of the Code of Criminal Procedure, 1973.
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Text of BNSS Section 41
CrPC sections replaced
- CrPC 44: Arrest by Magistrate
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