Procedure by Magistrate before whom such person arrested is brought
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Summary
When an arrested person appears to be the one named in a warrant, the Executive Magistrate, District Superintendent of Police or Commissioner must either send them in custody to the court that issued the warrant or, if the offence is bailable and the person can give bail or required security, take that bail/security and forward the bond to the court. For non-bailable offences the Chief Judicial Magistrate or Sessions Judge where the arrest occurred may, after seeing the arrest information and documents, still grant bail. Police may also take security under section 71.
Example
Priya is arrested on a warrant and brought before the District Superintendent of Police. The offence is bailable and Priya can produce bail to the officer's satisfaction, so the DSP takes her bail bond and forwards it to the court that issued the warrant. She is released on that bail pending the court's decision.
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 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.
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