CrPC 49→BNSS 46

CrPC 49 to BNSS 46: No unnecessary restraint

Section 49 CrPC (1973) replaced by Section 46 BNSS (2023)

View CrPC Section 49 →View BNSS Section 46 →

CrPC 49 to BNSS 46 at a Glance

Section 49 CrPC (No unnecessary restraint) is now Section 46 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 49 to BNSS 46?

Section 49 of the Code of Criminal Procedure, 1973 became Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 46 BNSS has the same heading and the same text as Section 49 CrPC.

CrPC 49 vs BNSS 46: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section4946
HeadingNo unnecessary restraintSame

CrPC 49 and BNSS 46: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 49, CrPC 1973

49. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
BNSS 2023 (in force)

Section 46, BNSS 2023

46. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

When It Applies: CrPC 49 vs BNSS 46

Under CrPC 49
  1. Section 49 of the Code of Criminal Procedure, 1973 speaks of the person arrested.
  2. Under Section 49 CrPC, the person arrested shall not be subjected to more restraint than is necessary.
  3. Under Section 49 CrPC, the measure is the restraint that is necessary to prevent the escape of the person arrested.
Under BNSS 46
  1. Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of the person arrested.
  2. Under Section 46 BNSS, the person arrested shall not be subjected to more restraint than is necessary.
  3. Under Section 46 BNSS, the measure is the restraint that is necessary to prevent the escape of the person arrested.

What CrPC 49 to BNSS 46 Means in Practice

From 1 July 2024, the rule on no unnecessary restraint is found in Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 49 of the Code of Criminal Procedure, 1973. The text is the same: the person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

FAQs: CrPC 49 to BNSS 46

Where is Section 49 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 49 of the Code of Criminal Procedure, 1973 is found in Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 49 CrPC has no sub-sections and maps as a whole to Section 46 BNSS.

Did the text on restraint of the person arrested change in Section 46 BNSS?▼

No. Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same heading and the same text as Section 49 of the Code of Criminal Procedure, 1973.

Does Section 46 BNSS add anything to Section 49 CrPC?▼

No. Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 49 of the Code of Criminal Procedure, 1973, with no sub-section or proviso added.

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: 20 Oct 2026 ·