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The Bharatiya Nagarik Suraksha Sanhita, 2023
41. Arrest by Magistrate.
(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 herein contained as to bail, commit the offender to custody.
(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.
1. If a judge sees someone commit a crime, they can arrest the person themselves or order someone else to do it. The judge can then decide if the person should be kept in custody, following the rules about bail.
2. A judge can arrest someone or order their arrest at any time if they have the legal right to issue an arrest warrant for that person.
