Section 49 CrPC: No Unnecessary Restraint During Arrest - Section 46 BNSS
Indian criminal procedure prohibits imposing greater physical restraint on an arrested person than is necessary to prevent escape. The protection formerly set out in Section 49 of the Code of Criminal Procedure, 1973 (CrPC) continues under Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What does Section 49 CrPC say?
Section 49 - No unnecessary restraint: The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
The section establishes a limit on the degree of restraint used after an arrest. It does not prohibit all physical restraint; rather, restraint must be justified by the need to prevent escape. The text is preserved here because it remains relevant to older proceedings and the interpretation of arrest safeguards.
Current law: Section 46 of BNSS, 2023
The BNSS came into force on 1 July 2024 and replaced the CrPC as the principal criminal procedure statute, subject to statutory saving and transitional provisions. Section 46 BNSS, titled No unnecessary restraint, retains the same operative wording:
Section 46 BNSS: The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Section 531 BNSS contains repeal and saving provisions, including treatment of specified proceedings pending immediately before commencement. Accordingly, the applicable procedural law should be assessed with reference to the relevant dates and the savings provision.
Meaning and scope of the protection
1. Restraint must be necessary
Police and other persons lawfully effecting an arrest must avoid restraint exceeding what is reasonably needed to prevent escape. The facts of the arrest, the individual's conduct and the actual risk of flight are relevant to whether restraint is justified.
2. Arrest does not authorise punishment
An arrest is a legal process, not a licence to inflict pain, humiliation or punishment. Article 21 of the Constitution protects life and personal liberty, and Article 22 establishes safeguards concerning arrest and detention.
3. Handcuffs are governed by additional safeguards
Section 43(3) BNSS addresses the use of handcuffs while making an arrest, having regard to the nature and gravity of the offence, for specified categories of persons and offences. This provision must be read alongside Section 46's general prohibition on unnecessary restraint, constitutional safeguards and applicable judicial directions. The presence of a listed offence does not dispense with the need to act lawfully and proportionately.
4. The legality of arrest is a separate question
Section 46 limits restraint during a lawful arrest; it does not itself create the power to arrest. Authority for arrest and procedural requirements must be found in other applicable provisions, including Sections 35, 36, 43 and 47 BNSS, as relevant.
Section 49 CrPC and Section 46 BNSS: comparison
| Point | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Provision | Section 49 | Section 46 |
| Heading | No unnecessary restraint | No unnecessary restraint |
| Core rule | No more restraint than necessary to prevent escape | Same rule |
| General application | Former criminal procedure regime and saved matters | Current criminal procedure regime, subject to applicable savings |
Practical examples
If an arrested person cooperates and presents no realistic risk of escape, the need for additional restraint should be carefully assessed. If the person attempts to flee or physically resists, reasonable measures may be needed to prevent escape. Whether a particular method is lawful depends on the circumstances and all applicable provisions; Section 46 does not give blanket permission to use force.
Frequently asked questions
Is Section 49 CrPC still in force?
The CrPC has generally been replaced by the BNSS from 1 July 2024, subject to the repeal and saving provisions in Section 531 BNSS. Its corresponding current provision is Section 46 BNSS.
Can the police use handcuffs during arrest?
Handcuffing is not automatically justified in every arrest. Section 43(3) BNSS contains specific provisions, while Section 46 BNSS continues to prohibit unnecessary restraint. Constitutional principles and relevant court rulings also matter.
Does this rule apply only to police officers?
The provision refers to the person arrested and expresses a general safeguard against unnecessary restraint. The authority and procedure of the person making an arrest must be assessed separately under applicable law.
Official legal sources
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF) - Sections 43, 46 and 531.
- Bureau of Police Research and Development: New Criminal Laws - legislation and reference materials.
- Ministry of Home Affairs: New Criminal Laws - official government publications.
- National Crime Records Bureau: Compendium of New Criminal Laws - corresponding sections and statutory reference.
Updated: 16 October 2026. This article provides general legal information; application of the law depends on the facts and the relevant legal framework.