Code: Section 60 BNSS
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 of Section 60 BNSS
Key Provisions
- Arrested Persons Cannot Be Released Arbitrarily
- Once a person is arrested by the police, they cannot be released at the discretion of the police officer.
- Three Ways an Arrested Person Can Be Released
- Personal Bond: The accused gives a written assurance to appear in court.
- Bail Bond: The accused provides sureties or pays bail as ordered by the court.
- Special Order by a Magistrate: A Magistrate can order release based on legal grounds.
- Police Cannot Release on Their Own
- The police do not have the authority to discharge an arrested person without legal backing.
- They must follow due process before releasing anyone.
Illustration of Section 60 BNSS
Example 1: Release on Bail Bond
Case: A person is arrested for a bailable offense and applies for bail.
✅ The court grants bail, and the person is released upon furnishing a bail bond.
Example 2: Release on Personal Bond
Case: A first-time offender is arrested for a minor offense.
✅ The court allows release on a personal bond, meaning the accused promises to appear when summoned.
Example 3: Release by Magistrate’s Order
Case: The police arrest a suspect wrongfully.
✅ The Magistrate reviews the case and orders release, stating the arrest was unlawful.
Example 4: Police Cannot Release Without Legal Grounds
Case: A suspect is arrested but the police later feel there’s not enough evidence.
❌ The police cannot release the suspect without a court’s order.
Common Questions and Answers on Section 60 BNSS
1. Can the police release an arrested person without bail?
❌ No, an arrested person can only be released on:
- Bail bond
- Personal bond
- A Magistrate’s special order
2. Can a Magistrate release an arrested person at any time?
✅ Yes, a Magistrate has the power to order release at any stage, if legally justified.
3. Can a person be detained indefinitely if they don’t get bail?
❌ No, the police must produce the arrested person before a Magistrate within 24 hours.
4. What happens if an arrested person is not granted bail?
✅ The person remains in custody until the court decides on their release.
5. Is a police officer allowed to take a bribe and release someone?
❌ No, this is illegal and punishable under corruption laws.
Conclusion
Section 60 BNSS ensures that an arrested person is not released arbitrarily and can only be discharged through:
✅ Bail bond
✅ Personal bond
✅ Magistrate’s order
This prevents unlawful police releases and ensures judicial oversight.
For more legal insights, visit ApniLaw! 🚀
