CrPC Section 59: Discharge of Apprehended Person – Legal Guide

1. State the Code:

Section 59 of the Code of Criminal Procedure, 1973 (CrPC) deals with the discharge of an apprehended person.

2. Explanation:

This section outlines the circumstances under which a person apprehended by police can be released without being formally arrested. It applies when:

• The person is apprehended based on suspicion of committing a cognizable offense.
• The police have reasonable grounds to believe that the person is not the person they are looking for.
• The police are satisfied that there are no reasonable grounds to believe that the person has committed the offense.

In such cases, the police officer can discharge the apprehended person without formally arresting them.

3. Illustration:

Imagine a scenario where a police officer apprehends a person based on a description of a suspected thief. After questioning the individual and conducting a brief investigation, the officer realizes that the person apprehended does not match the description. The officer, satisfied that this person is not the thief, can discharge them under Section 59 of the CrPC.

4. Common Questions and Answers:

Q: Does the person apprehended have the right to be informed of the reason for their apprehension?
A: Yes, the person apprehended has the right to be informed of the reason for their apprehension. Section 54 of the CrPC mandates that the police officer must inform the person of the reason for their apprehension.

Q: Can the police officer detain the person apprehended beyond a reasonable time for investigation?
A: No, the police officer cannot detain the person apprehended for an unreasonable time. Section 56 of the CrPC restricts the time of detention to a maximum of 24 hours. After 24 hours, the person must be either formally arrested or released.

Q: Does the discharge under Section 59 preclude the police from arresting the person later if further evidence emerges?
A: No, the discharge under Section 59 does not prevent the police from arresting the person later if further evidence emerges indicating their involvement in the offense.