BNSS Section 46 – No unnecessary restraint explained
Introduction “Next The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.” This single sentence from BNSS Section 46 – No unnecessary restraint captures a vital safeguard in Indian criminal procedure. While the State has the authority to arrest, that power is not limitless. Officers must act within clear boundaries to ensure that an individual is not subjected to unnecessary physical or psychological force once taken into custody. This article explains the statutory background of Section 46, its legal interpretation, and how it applies in real-life policing. It also explores the rights of arrestees, practical implications for officers, and remedies when restraint goes beyond lawful limits. Background and Statutory Context BNSS Section 46 is part of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , which replaced the Code of Criminal Procedure (CrPC) as India’s primary procedural law in criminal matters. This section reiterates a...