Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the power of arrest by a Magistrate is…

Under Section 41 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 44 of the Code of Criminal Procedure, 1973), (1) when any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions as to bail, commit the offender to custody; and (2) any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant. Section 44 BNSS (formerly Section 47 CrPC) deals with search of a place entered by a person sought to be arrested, and Section 84 BNSS (formerly Section 82 CrPC) deals with proclamation for a person absconding.