BNSS Code Section 41: Arrest By Magistrate
Code:
(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 detain 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 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.
Explanation:
This section empowers Magistrates, both Executive and Judicial, to make arrests in certain situations. It outlines two scenarios:
- Scenario 1: When an offense is committed in the Magistrate’s presence within their jurisdiction, they can personally arrest the offender or order someone else to do so. They can then, subject to bail provisions, detain the offender in custody.
- Scenario 2: A Magistrate can arrest or order the arrest of any individual within their jurisdiction, if they have the authority to issue a warrant for that person’s arrest in the given circumstances.
Illustration:
Imagine a Magistrate witnessing a person assaulting another individual. In this case, the Magistrate can directly arrest the assailant under Section 41(1) and then place them in custody.
Common Questions and Answers:
Q: What is the difference between an Executive Magistrate and a Judicial Magistrate?
A: Executive Magistrates primarily deal with administrative tasks, while Judicial Magistrates have the power to conduct trials and adjudicate cases.
Q: Can a Magistrate detain someone without a warrant under this section?
A: Yes, under certain circumstances outlined in the section, a Magistrate can arrest someone without a warrant.
Q: What happens to the person arrested under this section?
A: The arrested person can be held in custody until bail is granted or further legal proceedings are initiated.
