Section 59 CrPC: Discharge of person apprehended
Code of Criminal Procedure, 1973
Section 59 CrPC at a Glance
Section 59 CrPC deals with discharge of person apprehended. From 1 July 2024 it is replaced by Section 60 BNSS.
What Section 59 CrPC Says
59. Discharge of person apprehended
No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.
Source: Section 59, Code of Criminal Procedure, 1973
Section 59 CrPC in Simple Words
Section 59 of the Code of Criminal Procedure, 1973 deals with the discharge of a person apprehended. No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.
When Section 59 CrPC Applies
- 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.
Example of Section 59 CrPC
When Section 59 CrPC Does Not Apply
- Section 59 of the Code of Criminal Procedure, 1973 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 59 CrPC Under BNSS 60: What Changed
Section 59 CrPC is now covered under Section 60 BNSS.
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 detailed comparison (CrPC 59 vs BNSS 60) →FAQs on Section 59 CrPC
When can a person arrested by a police officer be discharged under Section 59 CrPC?▼
Under Section 59 of the Code of Criminal Procedure, 1973, no person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.
Can a police officer discharge an arrested person without a bond, bail, or a Magistrate order under Section 59 CrPC?▼
No. Section 59 of the Code of Criminal Procedure, 1973 reads no person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.
What role does a Magistrate have in the discharge of an apprehended person under Section 59 CrPC?▼
Section 59 of the Code of Criminal Procedure, 1973 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 own bond and bail.
Where is Section 59 CrPC found under the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 59 CrPC is found in Section 60 BNSS, which has the same heading. Section 59 CrPC has no sub-sections, and maps as a whole to Section 60 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·