CrPC Section 59
CrPC Section 59 – Discharge of person apprehended
This section explains what should be done with a person who has been apprehended (caught/held) by a private person or police officer without a warrant, in situations allowed by law.
Key Points:
Apprehension by private person
Sometimes, the law allows even a private person (not just police) to apprehend someone (e.g., if the person commits a cognizable and non-bailable offence in their presence).
When this happens, the apprehended person must be handed over to the police without unnecessary delay.
Duty of the police
When the police receive such a person from a private individual, the police officer has two options:
Release the person immediately → if there is no sufficient reason to keep him in custody.
Forward the person to the Magistrate or appropriate authority → if the offence requires legal proceedings.
Discharge
The word “discharge” here means setting the person free if there is no valid ground to detain him further.
This prevents unlawful detention and ensures that only genuine cases proceed to court.
Safeguard against misuse
This section ensures that no person is kept in custody without proper cause just because he was apprehended.
Police officers must act responsibly and legally, not arbitrarily.
Example
Suppose a shopkeeper catches a man stealing goods (a cognizable offence) and holds him until the police arrive.
The shopkeeper hands the thief over to the police.
Now, the police check the facts:
If they find no sufficient reason to believe a theft actually occurred → they must release him immediately (discharge).
If theft is confirmed → they must produce him before the Magistrate.
Conclusion
Section 59 CrPC provides a balance between the right of citizens to apprehend offenders in certain cases and the safeguard against wrongful detention. It ensures that:
Any person apprehended without a warrant is not kept in custody unnecessarily.
The police must either release the person if there is no case, or forward him to court if there is
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