BNSS Code 60: Discharge Of Person Apprehended
Code:
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.
Explanation: on Discharge Of Person Apprehended
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the conditions under which a person arrested by a police officer can be released. It emphasizes that:
- No arbitrary release: An arrested person cannot be simply let go without any legal process.
- Release options: The only ways an arrested person can be released are:
- Bond: A personal bond, where the arrested person promises to appear in court.
- Bail bond: A bond secured by a surety (a guarantor) who is financially responsible if the arrested person fails to appear in court.
- Special Order of a Magistrate: The Magistrate may issue a special order releasing the person under specific conditions.
Illustration:
Imagine someone is arrested for theft. The police officer can’t just release them. They must either release them on bond or bail bond, or the case must be presented to a Magistrate for a decision on release.
Common Questions and Answers: on Discharge Of Person Apprehended
Q1: Can the police officer release someone without a bond or bail?
No. Section 60 specifically states that no person shall be discharged except under the mentioned conditions.
Q2: What if the arrested person cannot afford bail?
The Magistrate has the power to grant bail even if the accused cannot afford a surety. The Magistrate may consider various factors like the nature of the offense, the likelihood of the accused fleeing, and other relevant circumstances.
