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Section81
The Code of Criminal Procedure Act

Procedure by Magistrate before whom such person arrested is brought

Repealed Act 2 of 1974 As on 18 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974 Cited by 3 provisions

This is a second copy of a Central Act. India Code files it on Delhi's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 81 of the Code of Criminal Procedure Act 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

(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 71 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 437), 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 78, to release such person on bail.

(2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 71. C .- Proclamation and attachment

Section 81, The Code of Criminal Procedure Act (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 71 Power to direct security to be taken
  2. s. 78 Warrant forwarded for execution outside jurisdiction
  3. s. 437 When bail may be taken in case of non-bailable offence

Referred to by 3

  1. s. 78 Warrant forwarded for execution outside jurisdiction
  2. s. 105 Reciprocal arrangements regarding processes
  3. s. 484 Repeal and savings

Questions about Section 81

What does Section 81 of the Code of Criminal Procedure Act deal with?

Section 81 of the Code of Criminal Procedure Act is headed "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

How do I find court cases under Section 81 of the Code of Criminal Procedure Act?

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: Code Criminal Procedure Act 81, section 81 Code Criminal Procedure Act, section 81 of the Code of Criminal Procedure Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 81 of the Code of Criminal Procedure Act, and has it changed?

Its own text turns on section 71 (Power to direct security to be taken), section 78 (Warrant forwarded for execution outside jurisdiction), section 437 (When bail may be taken in case of non-bailable offence), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.

When was the Code of Criminal Procedure Act enacted?

Code of Criminal Procedure Act was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/aedad03b-d75d-4ad4-8833-2e467cc050cc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.