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LawpatraLawpatra
BNSS, 2023
Start Practicing
BNSSChapter VSection 41
Section41

Arrest by Magistrate

AI Assist

Summary

When an offence happens in the presence of a Magistrate within his local jurisdiction, the Magistrate may arrest the offender himself or order someone to arrest them, and may commit the offender to custody subject to the bail rules. Also, a Magistrate present in his local area may arrest or direct the arrest of any person for whom he could lawfully have issued a warrant at that time and in those circumstances.

Example

Priya is seen by a Magistrate taking goods from a shop in the Magistrate’s local area. The Magistrate can arrest her or order the police to arrest her, and may commit her to custody, subject to the bail provisions.

Bare Act

Enacted text

(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.

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V

Chapter V

Arrest of Persons

In this chapter

  • 35When police may arrest without warrant
  • 36Procedure of arrest and duties of officer making arrest
  • 37Designated police officer
  • 38Right of arrested person to meet an advocate of his choice during interrogation
  • 39Arrest on refusal to give name and residence
  • 40Arrest by private person and procedure on such arrest
  • 41Arrest by Magistrate
  • 42Protection of members of Armed Forces from arrest
  • 43Arrest how made
  • 44Search of place entered by person sought to be arrested
  • 45Pursuit of offenders into other jurisdictions
  • 46No unnecessary restraint
  • 47Person arrested to be informed of grounds of arrest and of right to bail
  • 48Obligation of person making arrest to inform about arrest, etc., to relative or friend
  • 49Search of Arrested person
  • 50Power to seize offensive weapons
  • 51Examination of accused by medical practitioner at request of police officer
  • 52Examination of person accused of rape by medical practitioner
  • 53Examination of arrested person by medical officer
  • 54Identification of person arrested
  • 55Procedure when police officer deputes subordinate to arrest without warrant
  • 56Health and safety of arrested person
  • 57Person arrested to be taken before Magistrate or officer in charge of police station
  • 58Person arrested not to be detained more than twenty-four hours
  • 59Police to Report apprehensions
  • 60Discharge of Person apprehended
  • 61Power, on escape, to pursue and retake
  • 62Arrest to be made strictly according to Sanhita
Previous · Section 40Arrest by private person and procedure on such arrestNext · Section 42Protection of members of Armed Forces from arrest