Procedure by Magistrate before whom such person arrested is brought
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Summary
If an arrested person matches the name on a court warrant, the Executive Magistrate, District Superintendent of Police or Commissioner must send them to the issuing court in custody. If the offence is bailable and the person will give a bail bond or required security to the arresting authority, that authority must take it and forward the bond. For non-bailable offences, the Chief Judicial Magistrate or Sessions Judge in that district may, on seeing the papers, release the person on bail. Police may also take security under section 73.
Example
Rohan is arrested under a warrant and produced before the DSP. The DSP finds Rohan matches the name on the warrant and, because the offence is bailable and Rohan is willing to give a bail bond to the DSP's satisfaction, the DSP takes the bond and forwards it to the issuing court.
Bare Act
Enacted 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.
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