Section 59 CrPC: Discharge of Person Apprehended - Section 60 BNSS

Section 59 CrPC - Discharge of person apprehended

The original provision of the Code of Criminal Procedure, 1973 states:

"No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate."

Corresponding current provision: Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Discharge of person apprehended, carries forward this requirement. It provides that a person arrested by a police officer shall not be discharged except on his own bond, on bail, or under the special order of a Magistrate.

Meaning of Section 59 CrPC and Section 60 BNSS

Discharge in this context means release from arrest or police custody through one of the legally permitted mechanisms. It should not be confused with discharge of an accused from criminal proceedings by a court after considering the case record.

Own bond means an undertaking executed by the arrested person to comply with the stated conditions, without a surety where the law permits. Bail is release from custody subject to the statutory requirements and any lawful conditions. A special order of a Magistrate is a judicial direction authorizing release in accordance with law.

This section governs the manner of release; it does not by itself authorize arrest, create an independent entitlement to bail in every case, or permit indefinite detention.

Three lawful ways an arrested person may be discharged

1. On the person's own bond: Where the applicable law allows release on a personal bond, the person may be released upon executing the required undertaking.
2. On bail: Release may take place under the applicable bail provisions, including those governing bailable and non-bailable offences, subject to competent authority and lawful conditions.
3. By special order of a Magistrate: A Magistrate may direct release when empowered to do so under the law.

Police must follow the applicable statutory procedure and maintain proper records. This provision does not permit informal or arbitrary release outside these routes.

Related arrest and detention safeguards

Production before a Magistrate

Under Section 56 CrPC and the corresponding Section 57 BNSS, an officer making an arrest without a warrant must, without unnecessary delay and subject to the bail provisions, take or send the person to a Magistrate having jurisdiction or the officer in charge of a police station.

Twenty-four-hour limit

Section 57 CrPC and Section 58 BNSS limit police detention after arrest without warrant, generally to no more than 24 hours excluding necessary travel time, unless further detention is authorized by a competent Magistrate under the applicable remand provisions.

Constitutional protection

Article 22(1) and (2) of the Constitution of India protects important rights of arrested persons, including being informed of grounds of arrest, consulting a legal practitioner, and production before the nearest Magistrate within 24 hours, subject to constitutional exceptions.

Distinction from other legal processes

Release from police custody under this provision is different from acquittal, quashing of proceedings, or a judicial discharge of charges. The investigation or prosecution may continue according to law.

Official legislation and reference links

• Code of Criminal Procedure, 1973 - India Code (Section 59)
• India Code - Search the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 60)
• Ministry of Home Affairs - New criminal laws and notifications
• Constitution of India - Legislative Department

For any specific case, consult the operative statute, notifications, state amendments and relevant court orders.

Frequently asked questions

What does Section 59 CrPC provide?

It provides that a person arrested by a police officer may be discharged only on the person's own bond, on bail, or by special order of a Magistrate.

Which BNSS section corresponds to Section 59 CrPC?

Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals with discharge of a person apprehended.

Does discharge under this section mean acquittal?

No. Release from custody is distinct from acquittal or discharge from criminal charges.

Can police keep an arrested person indefinitely without judicial authorization?

No. Separate statutory and constitutional safeguards govern detention, including the ordinary 24-hour production requirement and judicial authorization for further detention.