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

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

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 8 of our papers cite Section 83. Try these from the free papers:

  1. 1. A Court in district A issues a warrant for the arrest of X, accused of a non-bailable offence, and forwards it under Section 80(1) of the BNSS, with the documents referred to in Section 80(2), to the District Superintendent of Police of district B. The warrant bears no endorsement under Section 73. X is arrested in district B and taken before that Superintendent, as the issuing Court is not nearer. X applies for bail. Under Section 83 of the BNSS,

Practise questions on Bharatiya Nagarik Suraksha Sanhita