BNSS Section 83 — Procedure by Magistrate before whom such person arrested is brought

CHAPTER VI PROCESSES TO COMPEL APPEARANCE — B.—Warrant of arrest

Criminal

Summary

When a person is arrested under a warrant from another court, the Executive Magistrate, District Superintendent of Police, or Commissioner of Police must check if that person is the one named in the warrant. If yes, they must send the person in custody to the court that issued the warrant. However, if the offence is bailable and the person is willing to give bail, or if the warrant already has a direction for security under section 73 and the person is willing to give that security, then the Magistrate or officer must accept the bail or security and send the bond to the issuing court. For a non-bailable offence, the Chief Judicial Magistrate or Sessions Judge of the district where the arrest happened may release the person on bail, but only after considering the information and documents mentioned in section 80(2). This section does not stop a police officer from taking security under section 73.

Official Text

(1) The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court:

Provided that, if the offence is bailable, and such person is ready and willing to give bail bond to the satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 73 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent or Commissioner shall take such bail bond or security, as the case may be, and forward the bond, to the Court which issued the warrant:

Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 480), or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in sub-section (2) of section 80, to release such person on bail.

(2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 73.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.424 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §81 — Procedure by Magistrate before whom such person arrested is brought