Section 46 BNSS 2023: No Unnecessary Restraint
Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects an arrested person from being subjected to restraint beyond what is necessary to prevent escape. It is a direct statutory safeguard governing the degree of physical restraint that may be used after arrest.
What is Section 46 BNSS?
Section 46 imposes a limitation on restraint after a lawful arrest. The person arrested may be restrained only to the extent necessary to prevent escape. The provision therefore focuses on necessity and proportionality of restraint, rather than creating a separate power of arrest.
Key legal terms under Section 46
Person arrested: A person who has been taken into lawful custody under the BNSS or another applicable law.
Restraint: Physical restriction imposed on an arrested person to control movement or prevent escape.
Necessary: Required in the circumstances for the legitimate purpose stated in the section, namely preventing escape.
More restraint than is necessary: Restraint exceeding what is reasonably required to prevent the arrested person from escaping.
Text of Section 46 - No unnecessary restraint
46. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
What protection does Section 46 provide?
The section creates a mandatory safeguard. Once a person is arrested, restraint cannot be imposed merely as a matter of routine or convenience beyond what is required to prevent escape. The degree of restraint must remain connected to that legitimate purpose.
Does Section 46 prohibit all restraint?
No. Section 46 does not prohibit restraint altogether. It permits restraint to the extent necessary to prevent escape. What it prohibits is restraint that exceeds that necessity.
Relationship with Section 43 and handcuffs
Section 43 BNSS deals with how an arrest is made and includes a specific provision regarding handcuffs in the circumstances stated in Section 43(3). Section 46 operates as a general safeguard against unnecessary restraint. The provisions should therefore be read together when considering the manner and degree of restraint used on an arrested person.
Relationship with other arrest safeguards
Section 46 forms part of a wider group of arrest safeguards under the BNSS. Section 47 BNSS requires communication of the grounds of arrest and, where applicable, information about the right to bail. Section 48 BNSS deals with informing a relative or friend about the arrest.
The territorial pursuit power under Section 45 BNSS also does not displace Section 46. Even where a person is lawfully pursued and arrested across jurisdictional boundaries, the prohibition against unnecessary restraint continues to apply.
Section 46 BNSS at a glance
- Applies to a person who has been arrested.
- Allows only such restraint as is necessary to prevent escape.
- Prohibits restraint beyond that necessity.
- Does not itself create a power of arrest.
- Should be read with Section 43 on the manner of arrest and handcuffs.
- Operates alongside the other statutory safeguards governing arrested persons.
Official legal resources
This page provides general legal information. Whether a particular form or degree of restraint is lawful depends on the circumstances of the arrest, the risk of escape, the applicable BNSS provisions, constitutional safeguards, and binding judicial directions.