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.
Bharatiya Nagarik Suraksha Sanhita
Section 60
Discharge of person apprehended
Englishहिंदी
⚡ Quick Answer Reference: Section 60 BNSS
- Provision: Section 60 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: This section states that a person arrested by a police officer can only be released if they provide a bond, a bail bond, or if a Magistrate gives a special order.
Statutory Content
What does Section 60 of BNSS say?
Indian StandardSection 60, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 60 (India)
Court Pleading StandardSection 60 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/60
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 60 of BNSS mean?
Plain English Explanation
This section states that a person arrested by a police officer can only be released if they provide a bond, a bail bond, or if a Magistrate gives a special order.
Practical Interpretation
In practice, this means that the police cannot unilaterally release someone they have arrested without following one of these procedures, ensuring a level of oversight and due process.
Core Legal Purpose
The purpose of this provision is to ensure that the release of an arrested person is regulated and subject to certain conditions or judicial oversight, balancing individual rights with public safety concerns.
Key Legal Elements
- •The person must have been arrested by a police officer.
- •The release must be on the person's bond, bail bond, or under a Magistrate's special order.
- •The key legal test is whether the conditions for release have been met.
- •A key exception is the special order of a Magistrate, which can supersede the need for a bond or bail bond.
Practical Example
Practical Example of Section 60 BNSS
Rajesh is arrested by the police on suspicion of a crime. To be released, Rajesh must either provide a bond or a bail bond. Alternatively, if Rajesh's lawyer can persuade a Magistrate that there are special circumstances, the Magistrate might issue a special order for Rajesh's release without needing a bond or bail bond. This ensures that Rajesh's release is conditional and subject to oversight.
Common Questions (FAQ)
Frequently Asked Questions about Section 60 BNSS
Q: What is the punishment or consequence under Section 60 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals who have been arrested by a police officer, regardless of whether they are private individuals or associated with public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather outlines a procedure for the discharge of an arrested person. Therefore, it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 60 BNSS
What is Section 60 of BNSS?
Section 60 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Discharge of person apprehended". In plain terms: This section states that a person arrested by a police officer can only be released if they provide a bond, a bail bond, or if a Magistrate gives a special order.
What is the punishment under Section 60 of BNSS?
Section 60 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 60 of BNSS bailable or non-bailable?
Whether Section 60 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 60 of BNSS?
The essential elements of Section 60 of BNSS are: The person must have been arrested by a police officer.; The release must be on the person's bond, bail bond, or under a Magistrate's special order.; The key legal test is whether the conditions for release have been met..
Landmark Case Laws
Landmark Judgments under Section 60 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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