The arrested person must always be physically sent to the court that issued the warrant.

If the offence is bailable and bail is offered, or a security direction under section 73 is satisfied, the local Magistrate/police officer can accept the bond locally and just forward it — no custodial transfer needed.

Non-bailable offences always require the person to be sent to the issuing court for a bail decision.

The local Chief Judicial Magistrate or Sessions Judge can grant bail even for non-bailable offences after reviewing the relevant information and documents, subject to section 480.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 83

Procedure by Magistrate before whom such person arrested is brought

(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. C.—Proclamation and attachment§

Why this exists

Arrest warrants often need to be executed in places far from the court that issued them. Historically (this provision continues the scheme from the earlier Code of Criminal Procedure), the law needed a practical mechanism so that a person arrested far away isn't dragged unnecessarily across the country in custody when bail or local judicial oversight can resolve the matter faster. This section balances two concerns: honoring the issuing court's authority over the case, while allowing local magistrates or senior police officers to handle bail efficiently for bailable offences, and allowing senior local judicial officers to grant bail even in non-bailable cases after reviewing the case papers, subject to safeguards.

Common misconceptions

Myth: The arrested person must always be physically sent to the court that issued the warrant.
Fact: If the offence is bailable and bail is offered, or a security direction under section 73 is satisfied, the local Magistrate/police officer can accept the bond locally and just forward it — no custodial transfer needed.
Myth: Non-bailable offences always require the person to be sent to the issuing court for a bail decision.
Fact: The local Chief Judicial Magistrate or Sessions Judge can grant bail even for non-bailable offences after reviewing the relevant information and documents, subject to section 480.