Section 60

This provision continues a rule found in earlier Indian criminal procedure law (Section 59 of the old CrPC, 1973). It exists to prevent arbitrary or informal release of arrested persons by police, ensuring there is always a recorded, accountable process — either through a bond/bail bond system or judicial oversight — before someone leaves custody. This protects both the integrity of the investigation and the rights of the accused, creating a paper trail and checks on police discretion.

Courts have generally read this provision as reinforcing the requirement that release from police custody must be formal and documented, not discretionary or informal. Judicial decisions on bail and remand (interpreting the corresponding CrPC provision) have emphasized that police cannot release an arrested person without following the bond/bail process or without a Magistrate's order, tying this provision closely to the broader bail and remand framework in the law.

• Myth: Police can release an arrested person informally if they think the case is minor.
  Fact: The law requires a formal bond, bail bond, or a Magistrate's special order before any arrested person can be released — informal release by police alone is not allowed.
• Myth: Only a Magistrate can release an arrested person.
  Fact: Release can also happen through a bond or bail bond arranged at the police station itself, without needing to go to a Magistrate, unless required by the specific circumstances of the case.