HomeSectionsSection 81: Procedure by...

Section 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.

- A word from our sponsors -

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

More from Author

Nature, Scope and Object of CrPC

Nature of CrPC The Code of Criminal Procedure (CrPC) is a procedural...

Functionaries under the CrPC

The Code of Criminal Procedure (CrPC) provides for the roles and...

Constitution of Criminal Courts and Offices

The Constitution of India has provided for a hierarchical system of...

Power of Courts

The Code of Criminal Procedure (CrPC) provides for a range of...

- A word from our sponsors -

Read Now

Nature, Scope and Object of CrPC

Nature of CrPC The Code of Criminal Procedure (CrPC) is a procedural law that outlines the process for the investigation and trial of criminal offenses in India. It is a comprehensive legislation that covers all aspects of criminal proceedings from the point of registration of a criminal case till...

Functionaries under the CrPC

The Code of Criminal Procedure (CrPC) provides for the roles and responsibilities of several functionaries in the criminal justice system. Main functionaries under the CrPC Police: The police are responsible for investigating criminal cases, collecting evidence, and arresting accused persons. They also have the power to file chargesheets...

Constitution of Criminal Courts and Offices

The Constitution of India has provided for a hierarchical system of criminal courts, with the Supreme Court at the top and the lower courts at the bottom. Criminal Courts Established under the Constitution are as follows: Supreme Court of India: The Supreme Court of India is the highest...

Power of Courts

The Code of Criminal Procedure (CrPC) provides for a range of powers that are vested in the courts in criminal cases. Powers of the Courts under the CrPC Power to take cognizance: The courts have the power to take cognizance of criminal offences and to initiate criminal proceedings...

Powers of Superior Officer of Police

Under the Code of Criminal Procedure (CrPC), the Superior Officer of Police (usually a Superintendent of Police or above) has certain powers related to the investigation of criminal cases. Powers of the Superior Officer of Police Power to supervise investigation: The Superior Officer of Police has the power...

Meaning and Purpose of Arrest

Meaning of Arrest Arrest is the process of taking a person into custody, with the intention of bringing them before a court to face criminal charges. The Code of Criminal Procedure (CrPC) in India lays down the procedure for the arrest of an individual suspected of having committed...

Arrest With and Without Warrant

Arrest under the Code of Criminal Procedure (CrPC) in India can be made with or without a warrant, depending on the circumstances of the case. Arrest with Warrant Arrest with a warrant is made on the basis of a written order issued by a magistrate or a court. The...

Arrest by a Private Person

Under the Code of Criminal Procedure (CrPC), private persons are allowed to make arrests under certain circumstances. However, the power to arrest by a private person is limited and must be exercised within the bounds of the law. Circumstances where a Private Person may make an Arrest When the...