Question

In which of the following of Section 59 Cr. P. C the discharge of the arrested person by a police officer can take place?

• A. On his own bond
• B. On bail
• C. Under special order of the Magistrate
• D. All of them

Hint:

When a question asks about the contents of a specific section of a statute, and the options seem to be a list, it is a good strategy to recall the exact wording of the section. Often, the section will enumerate the very points listed in the options.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks about the circumstances under which a person arrested by the police can be discharged from custody, as per Section 59 of the Code of Criminal Procedure (CrPC).

Step 2: Key Legal Provision:
Section 59 of the CrPC is titled "Discharge of person apprehended." It states: "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."

Step 3: Detailed Explanation:
The text of Section 59 explicitly lists three ways in which a person arrested by the police can be discharged: 1. (A) On his own bond: This is a personal recognizance bond where the person promises to appear before the court when required, without providing any security. 2. (B) On bail: This involves furnishing a bail bond, often with sureties or a security deposit, to ensure future appearance in court. 3. (C) Under special order of the Magistrate: A Magistrate has the authority to order the discharge or release of an arrested person. Since the section itself lists all three options as valid methods for discharge, the correct answer is "All of them".

Step 4: Final Answer:
According to Section 59 CrPC, an arrested person can be discharged by a police officer on his own bond, on bail, or under the special order of a Magistrate. Therefore, the answer is All of them.