Section 60 BNSS: Discharge of person apprehended (Formerly Section 59 CrPC)

Section 60 of Bharatiya Nagarik Suraksha Sanhita, 2023: Discharge of person apprehended

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Bail Sec 478

Legal Commentary & Landmark Judgments: Section 60

Section 60 provides that no person who has been arrested by a police officer shall be discharged except on their own bond, or on bail, or under the special order of a Magistrate.

Prohibition of Informal Release: Police cannot informally or arbitrarily release an arrested person once formally taken into custody.
Lawful Discharge Modes: Release permitted strictly on: (1) personal bond; (2) bail with sureties; or (3) special judicial order of a Magistrate.
Safeguard Against Extortion: Prevents corrupt catch-and-release practices where police arrest suspects for extortion and release them upon payment.

Key Landmark Precedents:

State of Maharashtra v. Babulal (1993) Supp 3 SCC 419: Affirmed that formal arrest triggers statutory custody; releasing an arrestee without bond or magistrate's order is illegal.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Reiterated that all entries of arrest and release must be transparent and judicially verifiable.

Courtroom Practice & Strategic Litigation Guidance:

If police wrongfully arrest an innocent person and realize their mistake, they must record a closure report or seek discharge under Section 60 from the Magistrate rather than dropping them off clandestinely.