Section 41: When police may arrest without warrant

Q: What does Section 41 of The Criminal Law (Amendment) Act, 2013 (TCLAA) deal with?

Section 41 TCLAA pertains to "When police may arrest without warrant". It is part of the The Criminal Law (Amendment) Act, 2013, a legislation enacted by the Parliament of India. Section 41 of The Criminal Law (Amendment) Act, 2013 (TCLAA) governs when police may arrest without warrant. As verified on 22 May 2026.

Q: Is Section 41 TCLAA still in force?

Yes, Section 41 of the The Criminal Law (Amendment) Act, 2013 is currently in force across the Republic of India.

Q: What is धारा 41 TCLAA?

धारा 41 TCLAA is the Devanagari Hindi reference for Section 41 of the The Criminal Law (Amendment) Act, 2013. Section 41 of The Criminal Law (Amendment) Act, 2013 (TCLAA) governs when police may arrest without warrant. As verified on 22 May 2026.

Q: What is Dhara 41 TCLAA?

Dhara 41 TCLAA is the Roman Hindi reference for Section 41 of the The Criminal Law (Amendment) Act, 2013. "Dhara" means "Section" in Hindi. Section 41 of The Criminal Law (Amendment) Act, 2013 (TCLAA) governs when police may arrest without warrant. As verified on 22 May 2026.

Q: How to cite Section 41 of The Criminal Law (Amendment) Act, 2013?

Cite as: "Section 41, The Criminal Law (Amendment) Act, 2013 (TCLAA)" in legal briefs. For academic writing, use the BlueBook format: The Criminal Law (Amendment) Act, 2013, 2013, § 41 (India).

Law on Tips Editorial Board

(1)

Any police officer may without an order from a Magistrate and without a warrant, arrest any person -

(ba) against whom credible information has been received that he has committed a cognisable offence punishable with imprisonment far 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;]

(2)

[ Subject to the provisions of Section 42, no person concerned in a non-cognisable 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 accept under a warrant or order of a Magistrate.] [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 5 (ii), for sub-Section (2) Prior to its substitution, sub-Section (2) read as under :- [(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in Section 109 or Section 110].]

[41A. Notice of appearance before police officer - (1) [The police officer shall] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 6.], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of Section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognisable offence, to appear before him or at such other place as may be specified in the notice.

(2)

Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3)

Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

(4)

[ Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.] [Substituted by Act No. 41 of 2010.]