CrPC Section 41 — When police may arrest without warrant

Summary

Sub-section (1) allows a police officer to arrest a person without a Magistrate’s order and without a warrant in the circumstances listed below.

Under clause (a) of sub-section (1), the officer may arrest someone who commits a cognizable offence in the officer’s presence.

Under clause (b) of sub-section (1), the officer may arrest someone where a reasonable complaint has been made, credible information received, or reasonable suspicion exists that the person committed a cognizable offence punishable with imprisonment for a term that may be less than seven years or may extend to seven years, with or without a fine. The conditions in sub-clauses (i) and (ii) must also be met.

Under sub-clause (i) of clause (b), the officer must have reason to believe, based on the complaint, information or suspicion, that the person committed the offence.

Under sub-clause (ii) of clause (b), the officer must be satisfied that arrest is necessary for one of the purposes listed in clauses (a) to (e) below.

Under clause (a) of sub-clause (ii) of clause (b), arrest may be necessary to prevent the person from committing another offence.

Under clause (b) of sub-clause (ii) of clause (b), arrest may be necessary for the proper investigation of the offence.

Under clause (c) of sub-clause (ii) of clause (b), arrest may be necessary to prevent the person from making evidence of the offence disappear or tampering with it.

Under clause (d) of sub-clause (ii) of clause (b), arrest may be necessary to prevent the person from making an inducement, threat or promise to someone who knows the facts of the case, in order to dissuade that person from disclosing those facts to the Court or the police officer.

Under clause (e) of sub-clause (ii) of clause (b), arrest may be necessary where the person’s presence in Court whenever required cannot be ensured unless the person is arrested. When making an arrest under clause (b), the officer must record the reasons in writing. The proviso also requires the officer to record in writing the reasons for not arresting a person when arrest is not required under this sub-section.

Under clause (ba) of sub-section (1), the officer may arrest someone where credible information has been received that the person committed a cognizable offence punishable with imprisonment that may extend to more than seven years, with or without a fine, or with death. The officer must have reason to believe, based on that information, that the person committed the offence.

Under clause (c) of sub-section (1), the officer may arrest someone who has been proclaimed an offender under the Code or by an order of the State Government.

Under clause (d) of sub-section (1), the officer may arrest someone found possessing something that may reasonably be suspected to be stolen property, if the person may reasonably be suspected of having committed an offence relating to that thing.

Under clause (e) of sub-section (1), the officer may arrest someone who obstructs a police officer carrying out their duty, or who has escaped or attempts to escape from lawful custody.

Under clause (f) of sub-section (1), the officer may arrest someone reasonably suspected of being a deserter from any of the Union’s Armed Forces.

Under clause (g) of sub-section (1), the officer may arrest someone who was involved, or is reasonably suspected of having been involved, in an act committed outside India that would be punishable as an offence if committed in India, and for which the person may be apprehended or detained in custody in India under an extradition law or otherwise. This clause also applies where a reasonable complaint has been made, credible information received, or reasonable suspicion exists about the person’s involvement.

Under clause (h) of sub-section (1), the officer may arrest a released convict who breaches a rule made under sub-section (5) of section 356.

Under clause (i) of sub-section (1), the officer may arrest someone when another police officer makes a written or oral requisition. The requisition must identify the person and state the offence or other reason for the arrest; it must also appear from the requisition that the person could lawfully be arrested without a warrant by the officer who issued it.

Sub-section (2) provides that, subject to section 42, a person concerned in a non-cognizable offence must not be arrested without a warrant or order from a Magistrate. The same applies to a person against whom a complaint has been made, credible information received, or reasonable suspicion exists of their involvement in such an offence.

Official Text

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person— 1[

(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: 2[Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.];

(ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;]

(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 356; or 2. Ins. by Act 41 of 2010, s. 2 (w.e.f. 2-11-2010).

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. 1[

(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.] 2[

Sections referred to

• CrPC §42 — Arrest on refusal to give name and residence
• CrPC §356 — Order for notifying address of previously convicted offender

Referred to by

• CrPC §41A — Notice of appearance before police officer
• CrPC §43 — Arrest by private person and procedure on such arrest
• CrPC §45 — Protection of members of the Armed Forces from arrest
• CrPC §55 — Procedure when police officer deputes subordinate to arrest without warrant

Related Judgments

• ARVIND KEJRIWAL vs CENTRAL BUREAU OF INVESTIGATION — Supreme Court of India (2024)
• VIHAAN KUMAR vs STATE OF HARYANA & ANR — Supreme Court of India (2025)
• KASIREDDY UPENDER REDDY vs STATE OF ANDHRA PRADESH AND ORS — Supreme Court of India (2025)
• OM PRAKASH & ANR. vs UNION OF INDIA & ANR — Supreme Court of India (2011)
• STATE OF NCT OF DELHI vs SANJAY — Supreme Court of India (2014)
• MOHAMMED ZUBAIR vs STATE OF NCT OF DELHI & ORS — Supreme Court of India (2022)

Old <-> New Code Mapping

• BNSS §35 — When police may arrest without warrant