Section 41 of BNSS : Section 41: Arrest by Magistrate.

Explanation using Example

Example 1:

Scenario: A local festival is taking place in a small town in Maharashtra. During the festival, a fight breaks out between two groups, and one person is severely injured. The fight happens right in front of the local Executive Magistrate, who is attending the festival.

Application of Section 41: The Executive Magistrate, witnessing the offence, immediately intervenes. He orders a nearby police officer to arrest the individuals involved in the fight. The police officer follows the Magistrate's order and arrests the offenders. The Magistrate then ensures that the arrested individuals are taken into custody and informs them about their right to apply for bail.

Example 2:

Scenario: A Judicial Magistrate is conducting a court session in his chamber in Delhi. During the session, a person in the courtroom starts threatening a witness, attempting to intimidate them into changing their testimony.

Application of Section 41: The Judicial Magistrate, observing the offence happening in his presence, decides to take immediate action. He orders the court security personnel to arrest the person threatening the witness. The security personnel comply and arrest the offender. The Magistrate then arranges for the offender to be taken into custody and informs them about the bail provisions.

Example 3:

Scenario: An Executive Magistrate is on a routine inspection of a market area in Bengaluru. During the inspection, he notices a shopkeeper openly selling counterfeit goods, which is a criminal offence.

Application of Section 41: The Executive Magistrate, witnessing the offence within his local jurisdiction, decides to act on the spot. He orders a police officer accompanying him to arrest the shopkeeper for selling counterfeit goods. The police officer arrests the shopkeeper as directed. The Magistrate then ensures that the shopkeeper is taken into custody and informs him about the possibility of applying for bail.

Example 4:

Scenario: A Judicial Magistrate is traveling through his local jurisdiction in Kolkata when he sees a person vandalizing public property by spray-painting graffiti on a government building.

Application of Section 41: The Judicial Magistrate, witnessing the act of vandalism, decides to intervene. He directs his driver, who is also a police officer, to arrest the person vandalizing the property. The driver arrests the offender as instructed. The Magistrate then makes arrangements for the offender to be taken into custody and informs him about the bail provisions.