Procedure by Magistrate before whom such person arrested is brought :
Section – 81. (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.
STATE AMENDMENTS
UTTAR PRADESH
| ■ | Section 81(1) | |
| Insert the following third proviso to sub-section (1) : |
| “Provided also that where such person is not released on bail or where he fails to give such security as aforesaid, the Chief Judicial Magistrate in the case of a non-bailable offence or any Judicial Magistrate in the case of bailable offence may pass such orders as he thinks fit for his custody till such time as may be necessary for his removal to the court which issued the warrant.“-Vide Act No. 1 of 1984. |
COMMENTS
JOINT COMMITTEE OF PARLIAMENT
This section corresponds to section 86 of the old Code with the difference that the second proviso has been added to sub-section (1). The Joint Committee of Parliament has observed :
“under the present provision where a warrant of arrest is sent to a place outside the local jurisdiction of a Magistrate, for execution, the arrested person has necessarily to be transported in custody to the Magistrate issuing the warrant before he can claim to be released on bail. The Committee feels that this results in considerable hardship and inconvenience to persons arrested far away from the court issuing the warrant of arrest. To remove such hardship and inconvenience, the Committee has amended these clauses conferring power on the Magistrate having jurisdiction over the place of arrest to release the person on bail subject to the other provisions of the Code relating to bail. To enable such Magistrate to consider whether bail should be granted, it has further been provided in clause 78 that the Magistrate issuing a warrant should also forward along with the warrant the substance of the information together with relevant documents.”