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

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

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(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.

Now in the BNSS

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

81. Procedure by Magistrate before whom such person arrested is brought.BNSS 83

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