CrPC to BNSS
CrPC Section 41 in BNSS: Section 35
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.
Last updated 9 October 2026
CrPC 41 and BNSS 35 at a glance
| CrPC (old) | BNSS (new) | |
|---|---|---|
| Section | 41 | 35 |
| Heading | When police may arrest without warrant | When police may arrest without warrant |
| Mapping | Direct equivalent | |
What CrPC Section 41 covered
Lists the circumstances in which a police officer may arrest a person without a Magistrate's order and without a warrant, including the conditions that must be satisfied for offences punishable with imprisonment up to seven years.
What changed in BNSS Section 35
BNSS Section 35 combines CrPC Sections 41 and 41A. It adds sub-section (7): for an offence punishable with less than three years, a person who is infirm or above sixty years of age cannot be arrested without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Which law applies: CrPC or BNSS?
The BNSS came into force on 1 July 2024. Under Section 531 of the BNSS, an appeal, application, trial, inquiry or investigation that was pending immediately before that date is to be disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. Courts have had to decide how this applies to cases that straddle the date, so check current case law for your facts.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
CrPC 41: common questions
What is the new section for CrPC 41?
CrPC Section 41 (When police may arrest without warrant) corresponds to Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What changed between CrPC 41 and BNSS 35?
BNSS Section 35 combines CrPC Sections 41 and 41A. It adds sub-section (7): for an offence punishable with less than three years, a person who is infirm or above sixty years of age cannot be arrested without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Does CrPC Section 41 still apply to older cases?
The BNSS came into force on 1 July 2024. Under Section 531 of the BNSS, an appeal, application, trial, inquiry or investigation that was pending immediately before that date is to be disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. Courts have had to decide how this applies to cases that straddle the date, so check current case law for your facts.
Related CrPC sections
- CrPC 41A to BNSS 35(3) · Notice of appearance
- CrPC 154 to BNSS 173 · FIR
- CrPC 156 to BNSS 175 · Order to investigate
- CrPC 161 to BNSS 180 · Police statements
- CrPC 164 to BNSS 183 · Confession to Magistrate
- CrPC 167 to BNSS 187 · Remand and default bail
- CrPC 173 to BNSS 193 · Chargesheet
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.