Procedure by Magistrate before whom such person arrested is brought.
83. (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.
Read also Section 7 of THE BHARATIYA SAKSHYA ADHINIYAM, 2023 – BSA