CODE OF CRIMINAL PROCEDURE, 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
81. Procedure by Magistrate before whom such person arrested is brought
83. Procedure by Magistrate before whom such person arrested is brought
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
CODE OF CRIMINAL PROCEDURE, 1973
81. Procedure by Magistrate before whom such person arrested is brought.—(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
Legacy / repealed by BNSS India Code — CrPC 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
83. Procedure by Magistrate before whom such person arrested is brought.—(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.
C.—Proclamation and attachment
Current law India Code — BNSS 2023