Section 83 BNSS: Procedure by Magistrate before whom such person arrested is brought
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 83 BNSS at a Glance
Section 83 BNSS deals with procedure by Magistrate before whom such person arrested is brought. It replaced Section 81 CrPC on 1 July 2024.
Section 83 BNSS Bare Act Text
(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.
Source: Section 83, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 83 BNSS in Simple Words
Section 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure by the Magistrate before whom such person arrested is brought. 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 his removal in custody to such Court.
The first proviso to Section 83(1) BNSS provides 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 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 bail bond or security, as the case may be, and forward the bond to the Court which issued the warrant. The second proviso to Section 83(1) BNSS provides 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 BNSS, or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in Section 80(2) BNSS, to release such person on bail.
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.
When Section 83 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 83 BNSS
When Section 83 BNSS Does Not Apply
- Section 83 BNSS speaks of the procedure by the Magistrate before whom such person arrested is brought. It does not deal with the proclamation for a person absconding.
- Section 83(2) BNSS speaks of a police officer taking security under Section 73 BNSS. It does not deal with the power to direct security to be taken by endorsement on a warrant.
Section 83 BNSS in the CrPC (Previous Law)
Section 83 BNSS replaced Section 81 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 83 BNSS
What does Section 83(1) BNSS direct when the person arrested appears to be the person intended by the Court which issued the warrant?▼
Section 83(1) BNSS says that 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.
What does the first proviso to Section 83(1) BNSS say about bail bond or security?▼
The first proviso to Section 83(1) BNSS says 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 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 bail bond or security, as the case may be, and forward the bond to the Court which issued the warrant.
What does the second proviso to Section 83(1) BNSS say about a non-bailable offence?▼
The second proviso to Section 83(1) BNSS says 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 BNSS, or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in Section 80(2) BNSS, to release such person on bail.
What changed from Section 81 CrPC to Section 83 BNSS from 1 July 2024?▼
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.
Section 83 BNSS: Sub-sections Explained
Section 83(1) BNSS: Procedure by Magistrate before whom such person arrested is brought
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Bare Act Text
(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.
Section 83(2) BNSS: Procedure by Magistrate before whom such person arrested is brought
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Bare Act Text
(2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 73.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·