Section 81 CrPC: Procedure by Magistrate After Arrest on a Warrant
Section 81 of the Code of Criminal Procedure, 1973 sets out how local authorities deal with a person arrested outside the district where an arrest warrant was issued. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 83.
Section 81 CrPC - Statutory 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:
First proviso: 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:
Second proviso: 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.
Meaning and procedure under Section 81 CrPC
When a person is arrested under a warrant outside the issuing district and brought before the competent local authority, the authority first checks whether the arrested person appears to be the person named or intended in the warrant. If so, the ordinary course is to direct that person's transfer in custody to the issuing court, unless bail or security is accepted under the applicable provisions.
1. Identification and transfer to the issuing court
The Executive Magistrate, District Superintendent of Police or Commissioner of Police checks the person's identity against the warrant. This is a safeguard against transferring the wrong person. The section does not authorize the local authority to decide the underlying criminal charge.
2. Bailable offences and security endorsed on the warrant
If the offence is bailable and the arrested person is ready and willing to furnish satisfactory bail, the authority must take the bail and forward the bond to the court that issued the warrant. The same applies where the warrant includes a security endorsement under Section 71 CrPC and the required security is furnished.
3. Non-bailable offences
For a non-bailable offence, the local Chief Judicial Magistrate or Sessions Judge may consider release on bail, subject to the statutory restrictions and the information and documents transmitted under Section 78(2) CrPC. Bail is not automatic merely because the arrest occurred in another district.
4. Police power to take security
Sub-section (2) preserves the police officer's power to take security under Section 71 CrPC where the warrant permits it.
Corresponding law: Section 83 BNSS, 2023
Section 83 BNSS concerns the procedure before the Magistrate or other designated authority when a person arrested on a warrant outside the issuing district is brought before that authority. It broadly continues the framework of identification, removal to the issuing court, and consideration of bail or security. The BNSS provisions corresponding to related CrPC Sections 71, 78 and 80 are Sections 73, 80 and 82 respectively. For bail, read Section 83 together with the applicable BNSS bail provisions.
See the official India Code repository for the current central enactments and amendments. Search for the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) and the Code of Criminal Procedure, 1973 (Act 2 of 1974).
Uttar Pradesh state amendment to Section 81 CrPC
The original page cites Uttar Pradesh Act 1 of 1984, Section 9, inserting a third proviso into Section 81(1). The reproduced wording is:
"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 a bailable offence may be necessary for his removal to the court which issued the warrant."
Verification note: The reproduced text appears grammatically incomplete in the source page. It is retained here as supplied rather than silently reconstructed. Check the authoritative Uttar Pradesh amendment and its present application, including the effect of BNSS repeal and savings, before relying on the exact wording.
Practical example
A court in Delhi issues a warrant, and the named person is arrested in Jaipur. If the statutory conditions require production before the local authority, that authority verifies the identity. For a bailable offence, it can accept the prescribed bail and send the bond to the Delhi court. For a non-bailable offence, the competent local judicial authority may consider bail under the applicable law; otherwise, arrangements are made for production before the issuing court.
Related arrest-warrant provisions
- Section 79 CrPC - Warrant executed outside jurisdiction
- Section 80 CrPC - Procedure following arrest outside district
- Section 82 CrPC - Proclamation for person absconding
Frequently asked questions
What does Section 81 CrPC provide?
It sets out what the local Executive Magistrate, District Superintendent of Police or Commissioner of Police must do when a person arrested under a warrant outside the issuing district is brought before that authority, including custody transfer and bail or security.
What is the corresponding BNSS provision?
Section 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023 broadly corresponds to Section 81 CrPC. The applicable statute depends on the proceeding and the savings provision.
Can bail be granted where the arrest occurs?
For a bailable offence, the designated authority must accept appropriate bail when the statutory conditions are satisfied. For a non-bailable offence, the local Chief Judicial Magistrate or Sessions Judge may consider bail under the applicable statutory conditions.
Does the arrested person always have to be taken to the issuing court?
Ordinarily the identified person is sent to the court that issued the warrant, but the statute provides for bail or security in specified circumstances.
Official legal resources
India Code - Central Acts and statutory text | Legislative Department, Government of India. Verify the applicable version, commencement and state amendments before using these provisions in a proceeding.