Bharatiya Nagarik Suraksha Sanhita, 2023

Section 60 BNSS: Discharge of Person Apprehended

Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regulates how a person arrested by a police officer may be discharged from custody. It is part of Chapter V of the BNSS, which deals with arrest of persons.

Text of Section 60 BNSS

Meaning of Section 60

Section 60 provides that a person arrested by a police officer cannot be released from custody through an informal or unauthorised discharge. Release must take place in one of the legally recognised ways specified in the provision: on a bond, on a bail bond, or under a special order of a Magistrate.

The provision therefore connects the act of discharge with a lawful release mechanism. It should be read together with the other BNSS provisions governing arrest, production before a Magistrate, detention, bail and bonds.

Meaning of bond, bail bond and bail under BNSS

Section 2 of the BNSS defines key expressions used in Section 60:

• Bail: release of a person accused of or suspected of committing an offence from lawful custody on conditions imposed by an officer or Court, on execution of a bond or bail bond.
• Bail bond: an undertaking for release with surety.
• Bond: a personal bond or undertaking for release without surety.

Legal effect of Section 60 BNSS

• A police officer cannot simply discharge an arrested person without following a legally recognised mode of release.
• Release may be on a personal bond where the law permits release without surety.
• Release may be on a bail bond where surety is required or furnished in accordance with law.
• A Magistrate may direct discharge through a special order where such judicial authority is lawfully exercised.
• The provision concerns the manner of lawful discharge; entitlement to bail and the conditions of release depend on the other applicable provisions of the BNSS and the facts of the case.

Related arrest provisions

Section 60 appears immediately after the provisions dealing with production, detention and reporting of arrests. For a complete understanding of the arrest process, readers may also refer to Section 57 - Person arrested to be taken before Magistrate or officer in charge of police station, Section 58 - Person arrested not to be detained more than twenty-four hours, and Section 59 - Police to report apprehensions.

Official source

The current text and status of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be checked on the official India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 portal.

Note: This page explains the statutory provision for general legal information. Application of Section 60 in a particular case depends on the facts, the nature of the offence, the applicable bail provisions and any order passed by the competent Court or Magistrate.