Section 46 BNSS: No unnecessary restraint
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 46 BNSS at a Glance
Section 46 BNSS deals with no unnecessary restraint. It replaced Section 49 CrPC on 1 July 2024.
Section 46 BNSS Bare Act Text
46. No unnecessary restraint
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Source: Section 46, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 46 BNSS in Simple Words
Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with restraint of a person after arrest. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
When Section 46 BNSS Applies
- Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of the person arrested.
- Under Section 46 BNSS, the person arrested shall not be subjected to more restraint than is necessary.
- Under Section 46 BNSS, the measure is the restraint that is necessary to prevent the escape of the person arrested.
Example of Section 46 BNSS
When Section 46 BNSS Does Not Apply
- Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of the person arrested. It does not deal with a person who has not been arrested.
Section 46 BNSS in the CrPC (Previous Law)
Section 46 BNSS replaces Section 49 CrPC from the old criminal code.
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.
View CrPC Section 49 →FAQs on Section 46 BNSS
What rule does Section 46 BNSS lay down for restraining an arrested person?▼
Under Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Does Section 46 BNSS ban every form of restraint on an arrested person?▼
No. Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that the person arrested shall not be subjected to more restraint than is necessary to prevent his escape. It speaks of restraint beyond what is necessary to prevent escape.
What is the measure of restraint under Section 46 BNSS?▼
Under Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the measure is what is necessary to prevent the escape of the person arrested. The person arrested shall not be subjected to more restraint than that.
What changed from Section 49 CrPC to Section 46 BNSS from 1 July 2024?▼
From 1 July 2024, Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 49 of the Code of Criminal Procedure, 1973. Section 46 BNSS has the same heading and the same text as Section 49 CrPC.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·