Legal provisions regarding procedure by Magistrate before whom such person arrested is brought under section 81 of the Code of Criminal Procedure, 1973.
Section 81 of the Code of Criminal Procedure provides that 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.
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ADVERTISEMENTS:
However, 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.
Further, 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. Nothing in this Section shall be deemed to prevent a police officer from taking security under Section 71.
The Magistrate is to be satisfied prima facie that the person arrested is actually the person against whom the warrant is issued. When the Magistrate himself had great doubts regarding the identity of the person arrested, he should release the person and should not forward him to the custody of the Court which issued the warrant. Bail can be granted to the person so arrested even if he is an accused of a non-bailable warrant and forward the bond, to the Court which issued the warrant.
