Section 83: Procedure by Magistrate before whom such person arrested is brought
Section 83 of the Bhartiya Nagarik Suraksha Sanhita, 2023 elucidates the formal procedures which a person such as an Executive Magistrate, District Superintendent of Police, or even the Commissioner of Police shall provide to a citizen when that particular citizen is caught under arrest and under warrant. This section makes sure the arrestee gets justice while being bounded by the rule and procedure in its own process.
When a person is arrested under a warrant, if the arrested person is identified as the person named in the warrant, he must be taken into custody and forwarded to the issuing court immediately. This would ensure that the judiciary process begins in compliance with the law, and the arrested person is brought before the relevant authority without undue delay. This step reiterates the aspect of preserving the sanctity of warrant execution and complied with due process.
In case the offence for which the arrest has been made is bailable, the arrested person can opt for
bail.
If the arrested person is willing to give bail, the Executive Magistrate, District Superintendent of Police, or Commissioner of Police shall accept the bail bond, subject to the satisfaction of the authority concerned.
After acceptance of the bail, the bond is sent to the issuing court for further proceedings. This provides that an arrested person should be allowed to exercise the statutory right of bail, as long as the bail bond is granted and the terms of the offense are met.
For offenses which are not bailable, the discretion for granting bail lies with the Chief Judicial Magistrate or the Sessions Judge.
Granting of bail will be decided if there is appropriate evaluation of all the relevant documentations and proofs which are submitted in accordance with Section 80(2) of BNSS.
The process ensures judicial decision on grant of bail regarding serious offenses. A higher judiciary decides the release in such offenses and thus offers a shield against arbitrary and casual release as the legal yardsticks for release are met and observed.
The subsection clearly states that nothing in Section 83 prohibits police officers from exercising security measures under Section 73 of the BNSS. This provision offers flexibility when security arrangements are deemed necessary for the safe handling of the arrest, protection of the arrested person, or completion of legal procedures.
This provision is included in the law to enable police officers to exercise discretion to ensure that arrests and subsequent legal proceedings are carried out smoothly and securely.
It emphasizes the importance of following established legal protocols and procedures during the arrest and post-arrest stages. This ensures that the rights of the arrested person are upheld, and that all actions taken by law enforcement are in compliance with statutory requirements. The procedural safeguards are crucial to prevent any abuse of power or violation of individual rights during the execution of the warrant and subsequent processing.
