Section 49 CrPC: No unnecessary restraint

Code of Criminal Procedure, 1973

Section 49 CrPC at a Glance

Section 49 CrPC deals with no unnecessary restraint. From 1 July 2024 it is replaced by Section 46 BNSS.

Now BNSS

Section 46 →

What Section 49 CrPC Says

49. No unnecessary restraint

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

Source: Section 49, Code of Criminal Procedure, 1973

Section 49 CrPC in Simple Words

Section 49 of the Code of Criminal Procedure, 1973 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 49 CrPC Applies

  • Section 49 of the Code of Criminal Procedure, 1973 speaks of the person arrested.
  • Under Section 49 CrPC, the person arrested shall not be subjected to more restraint than is necessary.
  • Under Section 49 CrPC, the measure is the restraint that is necessary to prevent the escape of the person arrested.

Example of Section 49 CrPC

Ramesh, a police officer, arrests Arjun. Arjun stays calm and makes no attempt to escape. Under Section 49 of the Code of Criminal Procedure, 1973, Arjun shall not be subjected to more restraint than is necessary to prevent the escape of Arjun.

When Section 49 CrPC Does Not Apply

  • Section 49 of the Code of Criminal Procedure, 1973 speaks of the person arrested. It does not deal with a person who has not been arrested.

Section 49 CrPC Under BNSS 46: What Changed

Section 49 CrPC is now covered under Section 46 BNSS.

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 detailed comparison (CrPC 49 vs BNSS 46) →

FAQs on Section 49 CrPC

What limit does Section 49 CrPC place on restraining an arrested person?▼

Under Section 49 of the Code of Criminal Procedure, 1973, the person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

Does Section 49 CrPC prohibit all restraint on an arrested person?▼

No. Section 49 of the Code of Criminal Procedure, 1973 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 49 CrPC?▼

Under Section 49 of the Code of Criminal Procedure, 1973, 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.

Where is the rule in Section 49 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 49 CrPC is found in Section 46 BNSS, which has the same heading. Section 49 CrPC has no sub-sections, and maps as a whole to Section 46 BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·