Landmark case · Bharatiya Nagarik Suraksha Sanhita, Juvenile Justice and Probation · Semester 5

Arnesh Kumar v. State of Bihar

(2014) 8 SCC 273 · Supreme Court of India

In offences punishable with up to seven years, arrest under section 41 CrPC (now BNSS 35) requires recorded reasons; a notice of appearance is the default.

From topic

Arrest without warrant: BNSS 35–62 / CrPC 41–60A — Unit I, Bharatiya Nagarik Suraksha Sanhita, Juvenile Justice and Probation.

Related sections:

Bharatiya Nagarik Suraksha Sanhita, 2023, 35 — When police may arrest without warrant (cf. s. 41 CrPC)
Bharatiya Nagarik Suraksha Sanhita, 2023, 36 — Procedure of arrest and duties of officer (cf. s. 41A CrPC notice of appearance)
Bharatiya Nagarik Suraksha Sanhita, 2023, 43 — Arrest how made (cf. s. 46 CrPC)
Bharatiya Nagarik Suraksha Sanhita, 2023, 47–48 — Search of arrested person and informing grounds (cf. ss. 50–51 CrPC)