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CrPC · Chapter V · Arrest of persons

CrPC section 59 in the BNSS

CrPC 59BNSS 60

CrPC section 59, “Discharge of person apprehended”, is now BNSS section 60 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 59 to BNSS 60

Now BNSS section 60. A person arrested by the police is discharged on “his bond or bail bond” (CrPC: “his own bond, or on bail”).

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 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.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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