Code of Criminal Procedure, 1973
CrPC Section 41 in BNSS
When police may arrest without warrant. Section 41 of the Code of Criminal Procedure, 1973 (When police may arrest without warrant) corresponds to Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Where an offence is punishable with imprisonment of less than seven years, the police officer must ordinarily:
Answer & explanation
Issue a notice requiring the person to appear, instead of arresting
Arnesh Kumar v. State of Bihar (2014) made compliance mandatory. The officer issues a notice directing attendance; arrest follows only if the person fails to comply or arrest is otherwise justified and reasons are recorded.
Sections either side of it
How the neighbouring provisions of the Code of Criminal Procedure, 1973 were renumbered:
| CrPC | Provision | BNSS |
|---|---|---|
| 28 | Sentences which High Courts and Sessions Judges may pass | 22 |
| 29 | Sentences which Magistrates may pass | 23 |
| 31 | Sentence in cases of conviction of several offences at one trial | 25 |
| 41A | Notice of appearance before police officer | 35(3) |
| 41B | Procedure of arrest and duties of officer making arrest | 36 |
| 41C | Control room at districts | 37 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full CrPC→BNSS table