CrPC 59 to BNSS 60: Discharge of person apprehended
Section 59 CrPC (1973) replaced by Section 60 BNSS (2023)
CrPC 59 to BNSS 60 at a Glance
Section 59 CrPC (Discharge of person apprehended) is now Section 60 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 59 to BNSS 60?
Section 59 of the Code of Criminal Procedure, 1973 became Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 60 BNSS reads on his bond, or bail bond where Section 59 CrPC read on his own bond, or on bail. This is a change of form, because the Sanhita gives new names to the same ways of release: Section 2(1)(e) BNSS defines bond as a personal bond or an undertaking for release without surety, Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety, and Section 2(1)(b) BNSS defines bail as release on execution of a bond or a bail bond. The words or under the special order of a Magistrate are the same.
CrPC 59 vs BNSS 60: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 59 | 60 |
| Heading | Discharge of person apprehended | Same |
CrPC 59 and BNSS 60: Bare Act Text Side by Side
Section 59, CrPC 1973
Section 60, BNSS 2023
When It Applies: CrPC 59 vs BNSS 60
- Section 59 of the Code of Criminal Procedure, 1973 speaks of a person who has been arrested by a police officer, and states that no such person shall be discharged except in the ways it names.
- Under Section 59 CrPC, the person arrested may be discharged on his own bond.
- Under Section 59 CrPC, the person arrested may be discharged on bail.
- Under Section 59 CrPC, the person arrested may be discharged under the special order of a Magistrate.
- Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person who has been arrested by a police officer, and states that no such person shall be discharged except in the ways it names.
- Under Section 60 BNSS, the person arrested may be discharged on his bond. Section 2(1)(e) BNSS defines bond as a personal bond or an undertaking for release without surety.
- Under Section 60 BNSS, the person arrested may be discharged on bail bond. Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety.
- Under Section 60 BNSS, the person arrested may be discharged under the special order of a Magistrate.
What CrPC 59 to BNSS 60 Means in Practice
FAQs: CrPC 59 to BNSS 60
Where is Section 59 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
From 1 July 2024, Section 59 of the Code of Criminal Procedure, 1973 is found in Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading. Section 59 CrPC has no sub-sections and maps as a whole to Section 60 BNSS.
How does Section 60 BNSS word the bond and bail?▼
Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads on his bond, or bail bond, where Section 59 of the Code of Criminal Procedure, 1973 read on his own bond, or on bail. This is a change of form. Section 2(1)(e) BNSS defines bond as a personal bond or an undertaking for release without surety, Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety, and Section 2(1)(b) BNSS defines bail as release on execution of a bond or a bail bond.
Did Section 60 BNSS alter the power of a Magistrate to pass a special order for discharge?▼
No. Section 59 of the Code of Criminal Procedure, 1973 and Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 both read or under the special order of a Magistrate.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·