Handcuffs used during lawful arrest under BNSS Section 43

 


Arrest is one of the most visible exercises of police authority, and understanding the legal framework is essential for both citizens and law students. BNSS Section 43 outlines how arrests must be carried out lawfully, emphasizing lawful procedure, safeguards for women, limits on force, and the circumstances under which handcuffs may be used. This article provides a plain-language explanation of Section 43, practical examples, and guidance on rights and police duties under this provision.

What Section 43 Says 

BNSS Section 43 sets out clear rules for making an arrest. Key points include:

  • Physical touch or submission: “In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action” (BNSS Section 43).

  • Arrest of women: A woman’s submission is generally presumed on oral intimation. Officers are restricted from touching her unless circumstances require or the arresting officer is female.

  • Use of force: Officers may use all necessary means if a person resists or attempts to evade arrest.

  • Handcuffs: May be used depending on the offence, repeat offending, or risk factors such as escape, organized crime, terrorism, or violent offences.

  • Limits on deadly force: “Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life” (BNSS Section 43).

  • Timing restrictions for women: Arrests after sunset and before sunrise are generally prohibited unless exceptional circumstances exist, with prior magistrate approval.

How Arrests Are Lawfully Effected Under Section 43

Physical Touch or Submission

A lawful arrest usually requires either:

  1. Physical contact — the officer touches or confines the suspect.

  2. Voluntary submission — the person consents to custody by words or actions.

This ensures clarity that the person is under arrest and prevents misunderstandings. Resistance may justify escalation in force, but the initial step prioritizes notice and custody without unnecessary harm.

Special Safeguards for Women

BNSS Section 43 provides specific protections:

  • Presumption of oral submission: A woman is presumed to comply upon oral notice of arrest, unless evidence suggests otherwise.

  • Restrictions on touching: Officers should avoid physical contact unless essential or if the arresting officer is female.

  • Timing limits: Arrests should generally occur between sunrise and sunset. For exceptional cases at night, prior written permission from a first-class magistrate is required.

These rules reflect a balance between law enforcement needs and respect for women’s dignity and safety.

Use of Force and Handcuffs

Police may escalate measures when:

  • A suspect forcibly resists or attempts to flee.

  • A handcuff is warranted for repeat offenders, habitual criminals, or those committing serious offences such as murder, rape, terrorism, organized crime, drug-related crime, human trafficking, acid attacks, counterfeiting, sexual offences against children, or offences against the state.

Handcuff use should always consider the nature of the offence and the risk posed by the arrested person. Excessive or unnecessary force can be challenged legally.

Limits on Causing Death

BNSS Section 43 explicitly states that arrest powers do not allow lethal force unless the person is accused of an offence punishable by death or life imprisonment. This ensures proportionality and legal accountability in arrest scenarios.

Practical Examples and Hypothetical Scenarios

  1. Voluntary submission: A suspect verbally agrees to accompany police to the station. No physical contact is required.

  2. Resistance requiring force: A person attempting to flee after committing a violent offence is physically restrained, with handcuffs applied if necessary.

  3. Female suspect at night: A female officer seeks magistrate approval before arresting a woman between sunset and sunrise for a serious fraud case.

These scenarios show how Section 43 guides lawful, practical decision-making.

Rights of the Arrested Person and Police Duties

People under arrest can generally expect:

  • Clear notice of arrest — verbal or physical indication.

  • Respect for gender-specific safeguards — women should not be touched unnecessarily, and night arrests require extra permissions.

  • Proportionate use of force — only necessary measures should be applied.

  • Handcuffs based on risk — not automatically applied in every case.

Police duties include:

  • Explaining the arrest clearly.

  • Using minimal force consistent with Section 43.

  • Ensuring immediate access to legal rights and representation.

Enforcement Issues, Risks of Abuse, and Remedies

While Section 43 provides clear rules, abuse or misapplication can occur:

  • Excessive force or unlawful handcuffing.

  • Ignoring safeguards for women, especially at night.

  • Arrest without proper cause or notice.

Remedies include filing complaints with higher police authorities, approaching the judiciary for review, or seeking counsel for legal recourse. Observing procedural safeguards is essential to protect civil liberties.

Key Takeaways for Citizens and Law Enforcement

  • Arrest requires touch or submission, emphasizing clarity and consent where possible.

  • Women enjoy specific legal protections regarding physical contact and timing.

  • Force, including handcuff use, must be proportionate and justified.

  • Section 43 prohibits lethal force except in extreme cases.

  • Knowing rights and procedures helps prevent unlawful arrests and ensures accountability.

Also read: BNSS Section 38

FAQs

1. Can a police officer arrest without touching a person?
Yes, if the person submits voluntarily by word or action (BNSS Section 43).

2. When can handcuffs be used during an arrest?
For habitual offenders, escape risks, or serious crimes like murder, terrorism, or organized crime.

3. Are women treated differently under Section 43?
Yes, submission is presumed orally, physical contact is limited, and night arrests require magistrate approval.

4. Can police use deadly force during a routine arrest?
No, deadly force is only permitted if the accused faces offences punishable by death or life imprisonment.

5. What should I do if I believe my arrest was unlawful?
You may file a complaint, seek judicial review, or consult a lawyer to protect your rights.

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