Procedure by Magistrate before whom such person arrested is brought
Section 81 of the Code of Criminal Procedure, 1973 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 r The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 directions 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, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 83 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 The repealed enactment still governs what happened while it was in force.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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Mangia Khan @ Abutahir Nasimuddin vs State of Odisha
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
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P.selvan Kumar vs The District Superintendent of Police
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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Shinde APP for the State. CORAM : SMT. SADHANA S. JADHAV. DATED : 21st JULY 2015 P.C. : It is reported that non bailable warrant could not be executed against present respondent as he could not be traced. Learned APP submits that investigating agency would take appropriate steps under section 81 of Code of Criminal Procedure, 1973. 2) Stand over to 11/08/2015. (SMT. SADHANA S. JADHAV, J.) ism …
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… R. Dubey Counsel for the respondent(s): Mr. N.J. Dutta, Addl. Public Prosecutor, Assam BEFORE HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA 08.11.2019 1. This application filed under Section 438 read with Section 81 of the Code of Criminal Procedure prays for transit anticipatory bail in FIR registered as Rajgarh P.S. Case No. 280/2019 dated 18.7.2019 under Section 420/406 and 120B IPC in Churu District, Rajasthan. 2. Contention of learned counsel for the applicants is that admittedly certain materials were being supplied by …
Questions about Section 81
What have the courts held on Section 81 of the Code of Criminal Procedure?
Mangia Khan @ Abutahir Nasimuddin vs State of Odisha (10 Nov 2021) is the leading judgment on this section among those set out below: Mandatory requirements for issuance of arrest warrant; must contain necessary information and relevant documents; non-compliance renders warrant defective. Another 1 judgment on this section is set out below.
How do I find court cases under Section 81 of the Code of Criminal Procedure?
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: CRPC 81, section 81 CRPC, section 81 of the Code of Criminal Procedure. 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 Mangia Khan @ Abutahir Nasimuddin vs State of Odisha (10 Nov 2021).
What should I read with Section 81 of the Code of Criminal Procedure, 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. 2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 83 (Procedure by Magistrate before whom such person arrested is brought), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 81 of the Code of Criminal Procedure come into force?
Section 81 of the Code of Criminal Procedure, cited as CRPC 81, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.