CrPC 81→BNSS 83

CrPC 81 to BNSS 83: Procedure by Magistrate before whom such person arrested is brought

Section 81 CrPC (1973) replaced by Section 83 BNSS (2023)

View CrPC Section 81 →View BNSS Section 83 →

CrPC 81 to BNSS 83 at a Glance

Section 81 CrPC (Procedure by Magistrate before whom such person arrested is brought) is now Section 83 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 81 to BNSS 83?

Section 83 BNSS has the same heading as Section 81 CrPC. The first proviso to Section 83(1) BNSS reads give bail bond and take such bail bond or security where the first proviso to Section 81(1) CrPC read give bail and take such bail or security. This is a change of form because Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. The first proviso to Section 83(1) BNSS and Section 83(2) BNSS refer to Section 73 BNSS where the first proviso to Section 81(1) CrPC and Section 81(2) CrPC referred to Section 71 CrPC. The second proviso to Section 83(1) BNSS refers to Section 480 BNSS and Section 80(2) BNSS where the second proviso to Section 81(1) CrPC referred to Section 437 CrPC and Section 78(2) CrPC.

CrPC 81 vs BNSS 83: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section8183
HeadingProcedure by Magistrate before whom such person arrested is broughtSame
Sub-sections2 sub-sectionsSame
Cross-referencess.71, s.437, s.78s.73, s.480, s.80

CrPC 81 and BNSS 83: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 81, CrPC 1973

81. 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 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.
BNSS 2023 (in force)

Section 83, BNSS 2023

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.

When It Applies: CrPC 81 vs BNSS 83

Under CrPC 81
  1. Under Section 81(1) CrPC, 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 the removal in custody of the person arrested to such Court.
  2. Under the first proviso to Section 81(1) CrPC, 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, the Magistrate, District Superintendent or Commissioner shall take such bail and forward the bond to the Court which issued the warrant.
  3. Under the first proviso to Section 81(1) CrPC, where a direction has been endorsed under Section 71 CrPC 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 security and forward the bond to the Court which issued the warrant.
  4. Under the second proviso to Section 81(1) CrPC, if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate, subject to the provisions of Section 437 CrPC, or the Sessions Judge, of the district in which the arrest is made to release such person on bail on consideration of the information and the documents referred to in Section 78(2) CrPC.
  5. Under Section 81(2) CrPC, nothing in Section 81 CrPC shall be deemed to prevent a police officer from taking security under Section 71 CrPC.
Under BNSS 83
  1. Under Section 83(1) BNSS, 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 the removal in custody of the person arrested to such Court.
  2. Under the first proviso to Section 83(1) BNSS, 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, the Magistrate, District Superintendent or Commissioner shall take such bail bond and forward the bond to the Court which issued the warrant.
  3. Under the first proviso to Section 83(1) BNSS, where a direction has been endorsed under Section 73 BNSS 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 security and forward the bond to the Court which issued the warrant.
  4. Under the second proviso to Section 83(1) BNSS, if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate, subject to the provisions of Section 480 BNSS, or the Sessions Judge, of the district in which the arrest is made to release such person on bail on consideration of the information and the documents referred to in Section 80(2) BNSS.
  5. Under Section 83(2) BNSS, nothing in Section 83 BNSS shall be deemed to prevent a police officer from taking security under Section 73 BNSS.

What CrPC 81 to BNSS 83 Means in Practice

Section 81(1) CrPC is found in Section 83(1) BNSS and Section 81(2) CrPC in Section 83(2) BNSS. The first proviso to Section 83(1) BNSS reads bail bond where the first proviso to Section 81(1) CrPC read bail.

FAQs: CrPC 81 to BNSS 83

Where is Section 81 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 81(1) CrPC is found in Section 83(1) BNSS and Section 81(2) CrPC in Section 83(2) BNSS.

What changed in the first proviso between Section 81(1) CrPC and Section 83(1) BNSS?▼

The first proviso to Section 83(1) BNSS reads give bail bond and take such bail bond or security where the first proviso to Section 81(1) CrPC read give bail and take such bail or security. This is a change of form because Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. The first proviso to Section 83(1) BNSS refers to Section 73 BNSS where the first proviso to Section 81(1) CrPC referred to Section 71 CrPC.

Which sections does the second proviso to Section 83(1) BNSS refer to?▼

The second proviso to Section 83(1) BNSS refers to Section 480 BNSS and Section 80(2) BNSS where the second proviso to Section 81(1) CrPC referred to Section 437 CrPC and Section 78(2) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·