86. Procedure by Magistrate before whom person arrested is brought.(1) Such Magistrate or
District Superintendent 1* * 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, District Superintendent 1* *, 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, District Superintendent 1* * shall take such bail or security, as the case may be, and forward the
bond to the Court which issued the warrant [:]2
3[Provided further that, if the offence is not bailable or no direction has been endorsed under section 76
on the warrant, the Sessions Judge of the Sessions division in which the person is arrested may, subject to
the provisions of section 497 and for sufficient reasons, release the person on an interim bail on such bond
or security as the Sessions Judge 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 policeofficer from taking security under section
76.
4[86A. Procedure for removal in custody to Tribal Area. Where a person arrested under section 85 is
to be removed in custody to any place in the Tribal Areas, he shall be produced before a Magistrate within
the local limits of whose jurisdiction the arrest was made, and such Magistrate in directing the removal shall
hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, including
the power to order the production of evidence, as if the person arrested were charged with an offence
committed within the jurisdiction of such Magistrate; and such Magistrate shall direct the removal of the
arrested person in custody if he is satisfied that the evidence produced before him raises a strong or probable
presumption that the person arrested committed the offence mentioned in the warrant.]
C.—Proclamation and Attachment
87. Proclamation for person absconding.(1) If any Court 5[is satisfied after taking evidence] that any
person against whom a warrant has been issued by it has absconded or is concealing himself so that such
warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a
specified place and at a specified time not less than thirty days from the date of publishing such
proclamation.
(2) The proclamation shall be published as follows:
1 The words “or Commissioner” omitted by A.O., 1949, Sch.
2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for fullstop.
3 Proviso added ibid.
4 Ins. ibid.
5 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “has reason to believe (whether after taking evidence or not)”.
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