CRPC §44 → BNSS §41
Arrest by Magistrate
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Comparison
44. Arrest by Magistrate.—(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.
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.
What changedAI-inferred
Arrest by Magistrate.
Old position
CrPC 44 is concerned with Arrest by Magistrate. Arrest by Magistrate
New position
BNSS 41 preserves the framework with drafting modernisations as required by the new code. Topic: When any offence is committed in the presence of a Magistrate, whether.. 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
BNSS 41 (When any offence is committed in the presence of a Magistrate, whether.) preserves the framework of CrPC 44. BNSS 41 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 41 text: When any...
Editorial deltaAI-indicated (source-linked)
BNSS 41 (When any offence is committed in the presence of a Magistrate, whether.) preserves the framework of CrPC 44. BNSS 41 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 41 text: 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,...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 44 continues to apply. For matters from that date forward, BNSS 41 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 41 (When any offence is committed in the presence of a Magistrate, whether.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §44 → BNSS §41 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/44.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.