(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
Bharatiya Nagarik Suraksha Sanhita
Section 83
Procedure by Magistrate before whom such person arrested is brought
⚡ Quick Answer Reference: Section 83 BNSS
- Provision: Section 83 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section outlines the procedure a magistrate must follow when a person arrested is brought before them, including the conditions under which the person can be released on bail.
What does Section 83 of BNSS say?
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What does Section 83 of BNSS mean?
Plain English Explanation
This section outlines the procedure a magistrate must follow when a person arrested is brought before them, including the conditions under which the person can be released on bail.
Practical Interpretation
In practice, this section ensures that the magistrate or relevant authority follows a standardized process in handling arrested individuals, considering factors like the nature of the offence and the availability of bail.
Core Legal Purpose
The core purpose is to establish a clear, lawful procedure for magistrates and other authorities to manage the arrest, potential bail, and subsequent legal actions for individuals arrested under a warrant.
- •The person arrested must appear to be the individual intended by the court that issued the warrant.
- •The offence's bailable or non-bailable nature significantly influences the procedure.
- •The key legal test involves determining whether the offence is bailable and if the person is willing and able to give bail or security as required.
- •A key exception allows for the release on bail for non-bailable offences under specific conditions and judicial considerations.
Practical Example of Section 83 BNSS
Rajesh is arrested based on a warrant issued by a court in Mumbai. He is brought before the Executive Magistrate, who determines Rajesh is the intended person. Since the offence is bailable and Rajesh is willing to give a bail bond to the satisfaction of the Magistrate, he is released on bail. The Magistrate then forwards the bail bond to the issuing court.
Frequently Asked Questions about Section 83 BNSS
Q: What is the punishment or consequence under Section 83 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the procedure followed by magistrates and police officers in relation to arrested individuals, regardless of their status as private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
The bailability of the offence is determined on a case-by-case basis and depends on the specific nature of the offence as defined by law.
Common Questions about Section 83 BNSS
What is Section 83 of BNSS?
Section 83 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure by Magistrate before whom such person arrested is brought". In plain terms: This section outlines the procedure a magistrate must follow when a person arrested is brought before them, including the conditions under which the person can be released on bail.
What is the punishment under Section 83 of BNSS?
Section 83 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 83 of BNSS bailable or non-bailable?
Whether Section 83 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 83 of BNSS?
The essential elements of Section 83 of BNSS are: The person arrested must appear to be the individual intended by the court that issued the warrant.; The offence's bailable or non-bailable nature significantly influences the procedure.; The key legal test involves determining whether the offence is bailable and if the person is willing and able to give bail or security as required..
Landmark Judgments under Section 83 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 83
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