Section 83 BNSS: Procedure by Magistrate before whom such person arrested is brought (Formerly Section 81 CrPC)

Section 83 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure by Magistrate before whom such person arrested is brought

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 83

Section 83 regulates the procedure by the Magistrate before whom a person arrested under an outside warrant is brought, empowering the local Magistrate to release the person on bail if the offence is bailable or if the warrant is endorsed for bail.

Verification of Identity: Local Magistrate satisfies themselves that the person arrested is the person intended by the issuing court.
Bail on Endorsement or Bailable Offence: If the warrant has a Section 73 endorsement or the offence is bailable, the local Magistrate SHALL take bail and forward the bond to the issuing court.
Transit Remand: If non-bailable and no endorsement, the Magistrate directs removal in custody to the issuing court under a Transit Remand order.

Key Landmark Precedents:

Satender Kumar Antil v. CBI (2022) 10 SCC 51: The Supreme Court clarified that local magistrates considering transit remand must examine the legality of arrest and consider transit bail to allow the accused to approach the issuing court.
Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1: Reaffirmed that local magistrates have statutory authority to enforce bailable endorsements under Section 81 CrPC (Section 83 BNSS).

Courtroom Practice & Strategic Litigation Guidance:

At the transit remand hearing before the local Magistrate, if the warrant is bailable, demand immediate release on bail under Section 83(1). If non-bailable, apply for transit bail to enable the accused to travel safely to the issuing court.