CrPC 46→BNSS 43

CrPC 46 to BNSS 43: Arrest how made

Section 46 CrPC (1973) replaced by Section 43 BNSS (2023)

View CrPC Section 46 →View BNSS Section 43 →

CrPC 46 to BNSS 43 at a Glance

Section 46 CrPC (Arrest how made) is now Section 43 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 46 to BNSS 43?

From 1 July 2024, Section 46 of the Code of Criminal Procedure, 1973 became Section 43 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Renumbering the section and moving Section 46(3) CrPC to Section 43(4) BNSS and Section 46(4) CrPC to Section 43(5) BNSS are changes of form. The rules in Section 43(1) BNSS, its proviso, Section 43(2) BNSS, and Section 43(4) BNSS are unchanged. Section 43(3) BNSS is a new sub-section with no CrPC source allowing police to use handcuffs in specified cases. In Section 43(5) BNSS, the word Judicial before Magistrate of the first class is omitted.

CrPC 46 vs BNSS 43: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section4643
HeadingArrest how madeSame
Sub-sections4 sub-sections5 sub-sections

CrPC 46 and BNSS 43: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 46, CrPC 1973

46. Arrest how made.—(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action: Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. (3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. (4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.
BNSS 2023 (in force)

Section 43, BNSS 2023

43. Arrest how made.—(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action: Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. (3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State. (4) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. (5) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

When It Applies: CrPC 46 vs BNSS 43

Under CrPC 46
  1. A police officer or other person making an arrest under Section 46(1) of the Code of Criminal Procedure, 1973 shall actually touch or confine the body of the person to be arrested, unless that person submits to custody by word or action.
  2. A proviso to Section 46(1) CrPC relaxes this requirement where a woman is to be arrested by providing that her submission to custody on an oral intimation of arrest shall be presumed unless the circumstances indicate to the contrary, and a police officer shall not touch her person unless the officer is a female or the circumstances otherwise require.
  3. If the person to be arrested forcibly resists the endeavour to arrest him or attempts to evade the arrest, the police officer or other person making the arrest under Section 46(2) CrPC may use all means necessary to effect the arrest.
  4. Even when force is used to effect an arrest, Section 46(3) CrPC gives no right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
  5. Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise under Section 46(4) CrPC, and where such exceptional circumstances exist, a woman police officer shall make a written report and obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.
Under BNSS 43
  1. A police officer or other person making an arrest under Section 43(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall actually touch or confine the body of the person to be arrested, unless there is a submission to custody by word or action.
  2. A proviso to Section 43(1) BNSS relaxes the touching requirement where a woman is to be arrested by presuming her submission to custody on an oral intimation of arrest unless circumstances indicate to the contrary, and a police officer shall not touch her person unless the officer is a female or the circumstances otherwise require.
  3. If the person to be arrested forcibly resists the endeavour to arrest him or attempts to evade the arrest, the police officer or other person making the arrest under Section 43(2) BNSS may use all means necessary to effect the arrest.
  4. Keeping in view the nature and gravity of the offence, a police officer under Section 43(3) BNSS may use handcuffs while making the arrest of a person or while producing such person before the court if the person is a habitual or repeat offender, escaped from custody, or committed an offence of organised crime, terrorist act, drug related crime, illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.
  5. Even where force is used, Section 43(4) BNSS gives no right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
  6. Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise under Section 43(5) BNSS, and where such exceptional circumstances exist, the woman police officer shall make a written report and obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

Time Limits: CrPC 46 to BNSS 43

Under CrPC 46
  • During the period after sunset and before sunrise, Section 46(4) of the Code of Criminal Procedure, 1973 prohibits the arrest of a woman save in exceptional circumstances, where a woman police officer shall obtain the prior permission of the Judicial Magistrate of the first class by making a written report before the arrest.Act text: “no woman shall be arrested after sunset and before sunrise”
Under BNSS 43
  • During the period after sunset and before sunrise, Section 43(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 prohibits the arrest of a woman save in exceptional circumstances, where a woman police officer shall obtain the prior permission of the Magistrate of the first class by making a written report before the arrest.Act text: “no woman shall be arrested after sunset and before sunrise”

What CrPC 46 to BNSS 43 Means in Practice

Section 46 of the Code of Criminal Procedure, 1973 contained no provision on handcuffing. Under Section 43(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer may, keeping in view the nature and gravity of the offence, use handcuffs during arrest or production before the court for specified offenders and offences. Under Section 43(5) BNSS, prior permission to arrest a woman after sunset and before sunrise in exceptional circumstances is obtained from a Magistrate of the first class.

FAQs: CrPC 46 to BNSS 43

What is the new rule on handcuffs added in Section 43 BNSS compared to Section 46 CrPC?▼

Section 46 of the Code of Criminal Procedure, 1973 had no sub-section on handcuffing. From 1 July 2024, Section 43(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows a police officer, keeping in view the nature and gravity of the offence, to use handcuffs while making the arrest of a person or while producing such person before the court if the person is a habitual or repeat offender, escaped from custody, or committed an offence in the categories listed in Section 43(3) BNSS.

Did the rules for arresting a woman change between Section 46 CrPC and Section 43 BNSS?▼

The proviso to Section 46(1) CrPC and the proviso to Section 43(1) BNSS are identical, presuming a woman's submission to custody on oral intimation unless circumstances indicate to the contrary and barring touching unless the police officer is female or circumstances otherwise require. Section 46(4) CrPC became Section 43(5) BNSS, retaining the restriction on arrest after sunset and before sunrise save in exceptional circumstances, while changing prior permission from the Judicial Magistrate of the first class to the Magistrate of the first class.

Did the rules on using force or causing death during an arrest change from Section 46 CrPC to Section 43 BNSS?▼

No substantive change was made to the rules on using force or causing death during an arrest. Section 46(2) CrPC continues unchanged as Section 43(2) BNSS, allowing a police officer or other person making an arrest to use all means necessary if the person forcibly resists or attempts to evade arrest. Section 46(3) CrPC became Section 43(4) BNSS as a change of form, giving no right to cause the death of a person not accused of an offence punishable with death or imprisonment for life.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·