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

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory 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 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

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