Section 81 CrPC: Procedure by Magistrate before whom such person arrested is brought
Code of Criminal Procedure, 1973
Section 81 CrPC at a Glance
Section 81 CrPC deals with procedure by Magistrate before whom such person arrested is brought. From 1 July 2024 it is replaced by Section 83 BNSS.
What Section 81 CrPC Says
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.
Source: Section 81, Code of Criminal Procedure, 1973
Section 81 CrPC in Simple Words
Section 81 of the Code of Criminal Procedure, 1973 deals with the procedure by the Magistrate before whom such person arrested is brought. 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 his removal in custody to such Court.
The first proviso to Section 81(1) CrPC provides 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 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 bail or security, as the case may be, and forward the bond to the Court which issued the warrant. The second proviso to Section 81(1) CrPC 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 437 CrPC, 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 78(2) CrPC, to release such person on bail.
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.
When Section 81 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 81 CrPC
When Section 81 CrPC Does Not Apply
- Section 81 CrPC 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 81(2) CrPC speaks of a police officer taking security under Section 71 CrPC. It does not deal with the power to direct security to be taken by endorsement on a warrant.
Section 81 CrPC Under BNSS 83: What Changed
Section 81 CrPC is now covered under Section 83 BNSS.
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.
View detailed comparison (CrPC 81 vs BNSS 83) →FAQs on Section 81 CrPC
What does Section 81(1) CrPC direct when the person arrested appears to be the person intended by the Court which issued the warrant?▼
Section 81(1) CrPC 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 81(1) CrPC say about bail or security?▼
The first proviso to Section 81(1) CrPC says 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 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 bail 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 81(1) CrPC say about a non-bailable offence?▼
The second proviso to Section 81(1) CrPC 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 437 CrPC, 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 78(2) CrPC, to release such person on bail.
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. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·