BNSS Section 83: Procedure By Magistrate Before Whom Such Person Arrested Is Brought
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 83
Explanation: This section outlines the procedure for removing a person arrested under a warrant to the issuing court. It specifies the authority responsible for the transfer, the conditions for releasing the arrested person on bail, and the authority responsible for granting bail in non-bailable offenses. Here is an illustration on what procedure by magistrate before whom such person arrested is brought :
Illustration:
- A person is arrested under a warrant issued by a Magistrate’s court for a bailable offense.
- The arresting officer (Executive Magistrate, District Superintendent of Police, or Commissioner of Police) determines that the arrested person is the individual intended by the warrant.
- The arrested person is willing to provide bail bond to the satisfaction of the arresting officer.
- The arresting officer accepts the bail bond and forwards it to the issuing court.
- The arrested person is released pending further proceedings in the issuing court.
Common Questions and Answers:
Who is responsible for transferring the arrested person to court?
The Executive Magistrate, District Superintendent of Police, or Commissioner of Police is responsible for directing the transfer of the arrested person to the court that issued the warrant.
Can an arrested person be released on bail?
Yes, if the offense is bailable and the person is ready and willing to provide a bail bond.
Who can grant bail for a non-bailable offense?
The Chief Judicial Magistrate or the Sessions Judge of the district where the arrest took place. They can grant bail in non-bailable offenses.
What documents are considered for releasing an arrested person on bail?
The information and documents referred to in sub-section (2) of section 80 of the BNSS are considered for releasing an arrested person on bail in non-bailable offenses.
