Section 83 BNSS: Procedure by Magistrate Before Whom Arrested Person Is Brought
Section 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out what the Executive Magistrate, District Superintendent of Police or Commissioner of Police must do when a person arrested on a warrant outside the issuing district is brought before that authority. It also deals with bail, security and removal of the arrested person to the Court that issued the warrant.
Section 83 BNSS - Bare Act Text
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 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.
Meaning and Scope of Section 83 BNSS
Section 83 operates after an arrest made on a warrant outside the district in which the warrant was issued. It follows the procedure in Section 82 BNSS, under which the arrested person may be taken before the specified local authority.
1. Verification of the arrested person's identity
The Executive Magistrate, District Superintendent of Police or Commissioner of Police must first be satisfied that the person brought before the authority appears to be the person intended by the Court that issued the warrant.
2. Removal in custody to the issuing Court
If the arrested person appears to be the person named or intended in the warrant, the ordinary rule is that the authority shall direct the person's removal in custody to the Court that issued the warrant, subject to the bail and security provisions contained in the section.
3. Bail where the offence is bailable
If the offence is bailable and the arrested person is ready and willing to furnish a bail bond to the satisfaction of the Executive Magistrate, District Superintendent of Police or Commissioner of Police, the authority must accept the bail bond and forward it to the Court that issued the warrant.
4. Security where a direction is endorsed under Section 73
Where the warrant contains a direction endorsed under Section 73 and the arrested person is ready and willing to provide the required security, the authority shall take that security and forward the bond to the issuing Court. Sub-section (2) also makes clear that Section 83 does not prevent a police officer from taking security under Section 73.
5. Bail in a non-bailable offence
The second proviso to Section 83(1) permits the Chief Judicial Magistrate, subject to Section 480 BNSS, or the Sessions Judge of the district where the arrest was made to release the person on bail. The decision is to be taken after considering the information and documents referred to in Section 80(2).
Key Points
- Section 83 applies after arrest on a warrant outside the issuing district.
- The local authority must verify that the arrested person appears to be the person intended by the issuing Court.
- The ordinary course is removal in custody to the Court that issued the warrant.
- For a bailable offence, the specified local authority must take the bail bond if the arrested person is ready and willing to furnish it.
- Security endorsed under Section 73 may also be taken and forwarded to the issuing Court.
- For a non-bailable offence, the local Chief Judicial Magistrate, subject to Section 480, or the Sessions Judge may grant bail after considering the material referred to in Section 80(2).
- A police officer's power to take security under Section 73 is expressly preserved.
Section 83 BNSS and the Earlier CrPC Provision
Section 83 BNSS substantially corresponds to the subject earlier dealt with by Section 81 of the Code of Criminal Procedure, 1973. References within the present provision are now to the corresponding BNSS provisions, including Sections 73, 80 and 480.
Frequently Asked Questions
What does Section 83 of the BNSS provide?
It prescribes the procedure to be followed by the specified local Magistrate or senior police authority when a person arrested on a warrant outside the issuing district is brought before that authority.
Can bail be accepted locally for a bailable offence?
Yes. If the person is ready and willing to furnish the required bail bond, the specified authority shall take the bond and forward it to the Court that issued the warrant.
Can a person accused of a non-bailable offence obtain bail under Section 83?
Section 83 allows the Chief Judicial Magistrate, subject to Section 480, or the Sessions Judge of the district where the arrest was made to release the person on bail after considering the information and documents referred to in Section 80(2).
Does Section 83 prevent police from taking security under Section 73?
No. Section 83(2) expressly states that nothing in the section prevents a police officer from taking security under Section 73.
Official Legal Sources
For the authoritative legislation and current official material, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws.