Section 60 BNSS: Discharge of person apprehended
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 60 BNSS at a Glance
Section 60 BNSS deals with discharge of person apprehended. It replaced Section 59 CrPC on 1 July 2024.
Section 60 BNSS Bare Act Text
60. Discharge of person apprehended
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.
Source: Section 60, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 60 BNSS in Simple Words
Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the discharge of a person apprehended. 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.
When Section 60 BNSS Applies
- 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.
Example of Section 60 BNSS
When Section 60 BNSS Does Not Apply
- Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person who has been arrested by a police officer. It does not deal with a person arrested by a private person who has not been made over to a police officer.
Section 60 BNSS in the CrPC (Previous Law)
Section 60 BNSS replaces Section 59 CrPC from the old criminal code.
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.
View CrPC Section 59 →FAQs on Section 60 BNSS
When can a person arrested by a police officer be discharged under Section 60 BNSS?▼
Under Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
Can a police officer discharge an arrested person without a bond, bail bond, or Magistrate order under Section 60 BNSS?▼
No. Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads 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.
How does a special order of a Magistrate operate under Section 60 BNSS?▼
Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 names the special order of a Magistrate as one of the ways in which a person who has been arrested by a police officer may be discharged, besides his bond and bail bond.
What changed from Section 59 CrPC to Section 60 BNSS from 1 July 2024?▼
From 1 July 2024, Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 59 of the Code of Criminal Procedure, 1973, 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 special order of a Magistrate has the same wording.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·