What Is BNSS Section 41?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 41: 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.

Brefe Detail

Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the powers of a Magistrate to arrest individuals committing offenses in their presence. It empowers both Executive and Judicial Magistrates to act on offenses within their local jurisdiction, either personally or by directing others to do so. The section also mentions the authority of a Magistrate to arrest individuals for whom they could issue a warrant.

Question & Answers

What powers does a Magistrate have when an offense is committed in their presence?

A Magistrate can arrest the offender or order another person to do so and may commit the offender to custody, subject to bail provisions.

Can a Magistrate arrest someone outside of their local jurisdiction?

No, the Magistrate's powers are limited to their local jurisdiction.

What types of Magistrates can arrest offenders?

Both Executive and Judicial Magistrates have the power to arrest offenders.

Is a warrant required for a Magistrate to arrest someone?

No, a Magistrate can arrest someone in their presence without a warrant but can also direct an arrest for someone for whom they could issue a warrant.

Example

1. Scenario 1: A Judicial Magistrate witnesses a theft occurring in a store. They can immediately arrest the thief or instruct a nearby police officer to do so.

2. Scenario 2: An Executive Magistrate observes a public disturbance. They have the authority to arrest individuals involved without needing a warrant.

Summary

Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants both Executive and Judicial Magistrates the authority to arrest individuals for offenses committed in their presence within their local jurisdiction. This provision allows for immediate action against offenders and underscores the responsibilities of Magistrates in maintaining law and order.