Section 41 of the Cr.P.C. is not an offence. It lays down the procedure and the power of the police officers to make arrests in various types of offences. Though the arrest may be made under Section 41 of the Cr.P.C., the actual offence for which such arrest is made would be under some specific sections of IPC or some other relevant law, which you may have to check from the police.
Since Section 41 of the Cr.P.C. does not lay down any offence, there is no question of it being bailable or non-bailable. Whether the arrest made under this section relates to a bailable offence or a non-bailable offence would depend upon the offence for which such arrest has been made. Therefore, you will have to make enquiries about the offence for which the person concerned has been arrested and then to find out whether such offences bailable or non-bailable.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
