Procedure by Magistrate before whom such person arrested is brought
Section 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure by Magistrate before whom such person arrested is brought. 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 re The Act came into force on 01 Jul 2024.
(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.
Section 83, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 81 Procedure by Magistrate before whom such person arrested is brought Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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P.selvan Kumar vs The District Superintendent of Police
Decided under Code of Criminal Procedure 81, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an offence is bailable under law and the accused is ready and willing to furnish bail to the satisfaction of the Superintendent of Police, it is the statutory duty of the Superintendent of Police (or Executive Magistrate/Commissioner of Police) to accept such bail or security and forward the bond to the concerned court. The police cannot refuse to accept bail in a bailable offence, and the High Court can issue directions under Section 482 Cr.P.C. to compel compliance with this statutory duty.
On this section: Statutory duty of police/Superintendent of Police to accept bail or security from an accused in a bailable offence and forward the bond to the concerned court
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Mangia Khan @ Abutahir Nasimuddin vs State of Odisha
Decided under Code of Criminal Procedure 81, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Non-compliance with the mandatory requirements of Section 81 Cr.P.C. in the issuance of an arrest warrant constitutes a sufficient ground for granting transit bail, even in cases involving serious criminal charges such as dacoity, provided that the accused is directed to appear before the competent court for consideration of regular bail on its own merits.
On this section: Mandatory requirements for issuance of arrest warrant; must contain necessary information and relevant documents; non-compliance renders warrant defective
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 83
What have the courts held on Section 83 of the Bharatiya Nagarik Suraksha Sanhita?
P.selvan Kumar vs The District Superintendent of Police (02 Dec 2021) is the leading judgment on this section among those set out below, though it was decided under CRPC 81, which this section replaced -- the court never mentioned this Act: Statutory duty of police/Superintendent of Police to accept bail or security from an accused in a bailable offence and forward the bond to the concerned court. Another 1 judgment on this section is set out below.
How do I find court cases under Section 83 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 83, section 83 BNSS, section 83 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 83 bnss in crpc and bns 83 malayalam. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with P.selvan Kumar vs The District Superintendent of Police (02 Dec 2021).
What should I read with Section 83 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 73 (Power to direct security to be taken), section 80 (Warrant forwarded for execution outside jurisdiction), section 480 (When bail may be taken in case of non-bailable offence), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 81 (Procedure by Magistrate before whom such person arrested is brought), so the judgments decided under that provision are the case law on this one.
When did Section 83 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 83 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 83, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.