CrPC 41 in BNSS: Arrest Without Warrant is Now Section 35
CrPC Section 41 set out the circumstances in which a police officer may arrest a person without a warrant or a magistrate's order — for example, on reasonable suspicion of a cognizable offence. This provision now sits in BNSS Section 35, carrying the same core framework forward with one notable addition aimed at reducing unnecessary arrests.
CrPC → BNSS ConverterOpen →What carried over
The grounds for arrest without warrant — commission of a cognizable offence in the officer's presence, credible information of involvement in a cognizable offence, being a proclaimed offender, possession of stolen property, obstructing a police officer, and similar grounds — are substantially preserved under BNSS 35.
A new safeguard for minor offences
BNSS 35 carries forward the CrPC's requirement to record reasons before arresting for offences punishable with less than seven years, and adds specific procedural attention to arrests of the infirm or elderly. Because the exact conditions and age thresholds involve specific statutory language, always confirm the precise wording against the bare act before relying on it in a specific matter.
Frequently asked
- Does BNSS 35 apply to offences committed before 1 July 2024?
- Procedural provisions like arrest, being matters of process rather than substantive offence definition, generally apply to proceedings conducted on or after the BNSS commencement date, even where the underlying offence is charged under the IPC. For a specific case, consult an advocate on how the transition provisions apply to your facts.
Reference only — not legal advice. Verify with the official bare act and consult an advocate.