CHAPTER V ARREST OF PERSONS

Section 49: No unnecessary restraint

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

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

Now in the BNSS

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

49. No unnecessary restraint.

BNSS 46

Leading cases

Prem Shankar Shukla v. Delhi Administration (1980)Routine 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.

Practise questions on Criminal Law