CHAPTER V ARREST OF PERSONS

Section 46: No unnecessary restraint

The Bharatiya Nagarik Suraksha Sanhita, 2023

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

46	49. No unnecessary restraint.

Leading cases

Prem Shankar Shukla v. Delhi Administration (1980)Decided on CrPC section 49Routine handcuffing of under-trial prisoners violates Articles 14, 19 and 21; handcuffs may be used only where there is no other reasonable way to prevent escape, with recorded reasons and judicial oversight, and the 'better class' distinction is arbitrary.

Questions on this section

1 question in 3 of our papers cite Section 46.

Practise questions on Bharatiya Nagarik Suraksha Sanhita