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    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)
    Section4135
    HeadingWhen police may arrest without warrantWhen police may arrest without warrant
    MappingDirect 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

    See the full CrPC to BNSS section list

    Map any section inside Settl

    The signed-in Section Mapper converts sections in both directions across the IPC, CrPC and Evidence Act and their replacements, alongside your matter files, drafts and court diary.

    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.