BNSS Section 83: Procedure by Magistrate before whom such person arrested is brought
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 6: Processes to Compel Appearance
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¶83.
(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.
Study: explanations and related material
Replaces CrPC 81. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)
This section relies on the classification of offences (cognizable, bailable, triable by) in the BNSS First Schedule. Open the First Schedule
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 63. Form of summons
- 64. Summons how served
- 65. Service of summons on corporate bodies, firms and societies
- 66. Service when persons summoned cannot be found
- 67. Procedure when service cannot be effected as before provided
- 68. Service on Government servant
- 69. Service of summons outside local limits
- 70. Proof of service in such cases and when serving officer not present
- 71. Service of summons on witness
- 72. Form of warrant of arrest and duration
- 73. Power to direct security to be taken
- 74. Warrants to whom directed
- 75. Warrant may be directed to any person
- 76. Warrant directed to police officer
- 77. Notification of substance of warrant
- 78. Person arrested to be brought before Court without delay
- 79. Where warrant may be executed
- 80. Warrant forwarded for execution outside jurisdiction
- 81. Warrant directed to police officer for execution outside jurisdiction
- 82. Procedure on arrest of person against whom warrant issued
- 84. Proclamation for person absconding
- 85. Attachment of property of person absconding
- 86. Identification and attachment of property of proclaimed person
- 87. Claims and objections to attachment
- 88. Release, sale and restoration of attached property
- 89. Appeal from order rejecting application for restoration of attached property
- 90. Issue of warrant in lieu of, or in addition to, summons
- 91. Power to take bond or bail bond for appearance
- 92. Arrest on breach of bond or bail bond for appearance
- 93. Provisions of this Chapter generally applicable to summons and warrants of arrest