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

Summary

Sub-section (1) says that if the Executive Magistrate, District Superintendent of Police or Commissioner of Police considers the arrested person to be the person intended by the court that issued the warrant, that official must direct that the person be taken in custody to that court. If the offence is bailable and the person is ready and willing to provide bail to the official’s satisfaction, or the warrant contains a direction under section 71 and the person is ready and willing to provide the required security, the official must take the bail or security and send the bond to the court that issued the warrant. For a non-bailable offence, the Chief Judicial Magistrate, subject to section 437, or the Sessions Judge in the district where the arrest was made may release the person on bail after considering the information and documents mentioned in section 78(2).

Sub-section (2) says that this section does not prevent a police officer from taking security under section 71.

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 to the satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 71 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 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 437), 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 78, to release such person on bail.

(2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 71. C.—Proclamation and attachment

Sections referred to

• CrPC §71 — Power to direct security to be taken
• CrPC §78 — Warrant forwarded for execution outside jurisdiction
• CrPC §437 — When bail may be taken in case of non-bailable offence

Referred to by

• CrPC §78 — Warrant forwarded for execution outside jurisdiction
• CrPC §105 — Reciprocal arrangements regarding processes

Old <-> New Code Mapping

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