Section 60: Discharge of person apprehended
Section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the legal provisions and circumstances upon which a person being detained by a police officer is released. This section ensures that the release of detainees from the police shall be guided by clear and cognizable legal standards which would uphold justice and avoid arbitrary exercise of actions and will instead protect the rights of individuals.
A person arrested by a police officer shall not be discharged from custody except on any of the following grounds:
-The accused may be released if he gives a personal bond, thereby binding himself to appear or to comply with any further legal process.
-The arrested person can also be released upon providing a bail bond, which guarantees the person's temporary release until further action.
-A Magistrate can also issue a special order to release the arrested person. This ensures judicial control and prevents arbitrary action by the police.
The need for a bond, or bail from the Magistrate or himself, forms a check against casual discharge of persons who are in custody. It ensures that only after fulfilling these specific conditions that any release from custody is done lawfully with proper monitoring.
Involving a Magistrate in the discharge process helps to buttress the rule of judicial supervision to ensure that a decision to grant release to an arrested person is done in conformity with the law and with appropriate consideration of the circumstances surrounding the arrest and detention. This also provides a check on the excesses of the police.
