THE CODE OF CRIMINAL PROCEDURE, 1898

(ACT NO. V OF 1898).
  [22nd March, 1898]
 
 
     
   
 
PART III
GENERAL PROVISIONS

CHAPTER VI
OF PROCESSES TO COMPEL APPEARANCE
 
  Procedure by Magistrate before whom person arrested is brought  
86.(1) 1[ Such Executive Magistrate or] 2[ District Superintendent of Police] 3 3[ or Police Commissioner] 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, 4[ District Superintendent of Police] 3 5[ or Police Commissioner] or a direction has been endorsed under section 76 on the warrant and such person is ready and willing to give the security required by such direction the Magistrate, 6[ District Superintendent of Police] 3 7[ or Police Commissioner] shall take such bail or security, as the case may be, and forward the bond to the Court which issued the warrant 8[ :

Provided further that, if the offence is a non-bailable offence or no direction has been endorsed under section 76 on the warrant, the Sessions Judge or The Metropolitan Sessions Judge, the Chief Judicial Magistrate or the Chief Metropolitan Magistrate or a Magistrate of the first class Specially empowered in this behalf, in whose local jurisdiction the person is arrested, may, subject to the provisions of section 497 and for reasons to be recorded in writing, release the person on an interim bail on such bond or security as the Judge or the Magistrate thinks fit and direct the person to appear by a specified date before the Court which issued the warrant and forward the bond to that Court.]

(2) Nothing in this section shall be deemed to prevent a police-officer from taking security under section 76.
 
 
 
1 The words “Such Executive Magistrate or” were substituted for the words “Such Magistrate of” by section 29 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).

2 The words “District Superintendent of Police” were substituted for the words “District Superintendent” by section 29(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).

3 The words `or Police Commissioner` were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)

4 The words “District Superintendent of Police” were substituted for the words “District Superintendent” by section 29(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).

5 The words `or Police Commissioner` were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)

6 The words “District Superintendent of Police” were substituted for the words “District Superintendent” by section 29(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).

7 The words `or Police Commissioner` were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)

8 The Colon (:) was substituted for the full stop (.) and after that the new proviso was added by section 29(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).

 
 

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