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LawpatraLawpatra
BNSS, 2023
Start Practicing
BNSSChapter VSection 46
Section46

No unnecessary restraint

AI Assist

Summary

An arrested person may be restrained only to the extent needed to prevent escape. Any extra physical restraint beyond what is reasonably required is prohibited. Restraints should be proportionate and limited in time.

Example

Ravi is arrested for shop theft. Officers handcuff him while taking him to the station because he tried to run once. They must not add leg shackles or tight bindings when those are not necessary, because that would be unnecessary restraint under the law.

Bare Act

Enacted text

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

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V

Chapter V

Arrest of Persons

In this chapter

  • 35When police may arrest without warrant
  • 36Procedure of arrest and duties of officer making arrest
  • 37Designated police officer
  • 38Right of arrested person to meet an advocate of his choice during interrogation
  • 39Arrest on refusal to give name and residence
  • 40Arrest by private person and procedure on such arrest
  • 41Arrest by Magistrate
  • 42Protection of members of Armed Forces from arrest
  • 43Arrest how made
  • 44Search of place entered by person sought to be arrested
  • 45Pursuit of offenders into other jurisdictions
  • 46No unnecessary restraint
  • 47Person arrested to be informed of grounds of arrest and of right to bail
  • 48Obligation of person making arrest to inform about arrest, etc., to relative or friend
  • 49Search of Arrested person
  • 50Power to seize offensive weapons
  • 51Examination of accused by medical practitioner at request of police officer
  • 52Examination of person accused of rape by medical practitioner
  • 53Examination of arrested person by medical officer
  • 54Identification of person arrested
  • 55Procedure when police officer deputes subordinate to arrest without warrant
  • 56Health and safety of arrested person
  • 57Person arrested to be taken before Magistrate or officer in charge of police station
  • 58Person arrested not to be detained more than twenty-four hours
  • 59Police to Report apprehensions
  • 60Discharge of Person apprehended
  • 61Power, on escape, to pursue and retake
  • 62Arrest to be made strictly according to Sanhita
Previous · Section 45Pursuit of offenders into other jurisdictionsNext · Section 47Person arrested to be informed of grounds of arrest and of right to bail