Code: Section 83 BNSS
Removal of Arrested Person to Court
(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.
Explanation of Section 83 BNSS
Section 83 of the BNSS addresses the procedure for handling a person arrested under a warrant issued by the Court. It outlines the responsibilities of the Executive Magistrate, District Superintendent of Police, or Commissioner of Police in ensuring that the arrested individual is presented before the correct Court.
- If the offense is bailable, the individual can be released on bail, with the appropriate security as per Section 73.
- If the offense is non-bailable, the Chief Judicial Magistrate or the Sessions Judge can grant bail after reviewing the case, as per Section 480.
- A police officer can also take security under Section 73, which allows flexibility in ensuring the accused appears in Court.
Illustration
Example 1: Arrest for Bailable Offense
A person is arrested for a bailable offense and is taken to the District Superintendent of Police. Since the offense is bailable, the arrested individual is allowed to give a bail bond to the satisfaction of the Superintendent. The bond is forwarded to the Court that issued the warrant.
Example 2: Arrest for Non-Bailable Offense
A person is arrested for a non-bailable offense. The Chief Judicial Magistrate considers the information provided and grants bail after the required documents are reviewed under Section 80.
Common Questions and Answers on Section 83 BNSS
1. Can a person arrested for a bailable offense be released immediately?
- Answer: Yes, a person arrested for a bailable offense can be released on bail if they provide the necessary bail bond to the satisfaction of the Executive Magistrate, District Superintendent, or Commissioner.
2. What happens if the offense is non-bailable?
- Answer: If the offense is non-bailable, the Chief Judicial Magistrate or Sessions Judge has the authority to grant bail after reviewing the case, as specified in Section 480.
3. Can a police officer take security for appearance before the Court?
- Answer: Yes, a police officer can take security under Section 73 of the BNSS to ensure the appearance of the arrested individual before the Court.
Conclusion
Section 83 of the BNSS outlines the procedures that must be followed after a person is arrested under a warrant. It grants authority to the Executive Magistrate, District Superintendent of Police, and Commissioner of Police to manage the custody and release of the arrested person, based on whether the offense is bailable or non-bailable. By ensuring that the appropriate security is provided, this section ensures fairness in handling arrests and the appearance of the accused in Court.
