Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 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 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 493), 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.
Brief Detail
Section 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure that must be followed by the Executive Magistrate, District Superintendent of Police, or Commissioner of Police when a person arrested under a warrant is brought before them. It details the conditions under which the arrested individual may be directed to the issuing Court or be granted bail.
Question & Answers
What does Section 83 specify regarding the arrested person?
It specifies that if the arrested person is identified as the intended individual by the issuing Court, they should be directed to that Court.
What happens if the offence is bailable?
If the offence is bailable and the arrested person is willing to give bail, the Magistrate, District Superintendent, or Commissioner will take the bail and forward the bond to the issuing Court.
What occurs if the offence is non-bailable?
The Chief Judicial Magistrate or the Sessions Judge may release the arrested person on bail after considering the relevant information and documents.
Can a police officer take security under section 73?
Yes, this section does not prevent a police officer from taking security under section 73.
What is required for a Magistrate to take bail?
The arrested person must be ready and willing to provide bail to the satisfaction of the Magistrate, District Superintendent, or Commissioner.
Example
- A person is arrested under a warrant for a bailable offence in District X.
- The Executive Magistrate verifies the identity of the arrested individual.
- Since the offence is bailable, and the individual is willing to provide bail, the Magistrate accepts the bail and forwards the bond to the issuing Court.
Summary
Section 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023, details the responsibilities of the Executive Magistrate, District Superintendent of Police, or Commissioner of Police when handling an arrested individual. It clarifies the procedures for directing the individual to the issuing Court or granting bail, depending on whether the offence is bailable or non-bailable.
