Question

Which Section requires police to record reasons for arrest?

Hint:

Arrest without warrant (≤7 years) → Section 41(1)(b): reasons must be recorded. Non-compliance with notice → Section 41A(3): reasons must be recorded. Always link this to Arnesh Kumar.

Answer 1

Two provisions of the CrPC/BNSS framework require the police to record reasons for arrest:
(1) Section 41(1)(b) CrPC (now Section 35(1)(b) BNSS):
This provision governs arrests without a warrant for offences punishable up to seven years.
The police officer must be satisfied that the arrest is necessary for specific purposes (such as preventing further offences, proper investigation, preventing tampering with evidence, ensuring presence in court, etc.).
Crucially: \[ The officer must record reasons in writing for making the arrest. \] This is a constitutional safeguard flowing from the Supreme Court’s decision in Arnesh Kumar v. State of Bihar (2014), which held that arrest must not be mechanical or routine.
(2) Section 41A(3) CrPC (now Section 35A BNSS):
When a notice of appearance is issued, the police may arrest only if: \[ The person does not comply with the notice and the officer records reasons for arrest. \] Thus, both Section 41(1)(b) and Section 41A(3) impose a mandatory duty to record reasons—one for making the arrest and the other when converting a notice into custody.