The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Bharatiya Nagarik Suraksha Sanhita
Section 46
No unnecessary restraint
Englishहिंदी
⚡ Quick Answer Reference: Section 46 BNSS
- Provision: Section 46 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: This section means that a person who is arrested should not be restrained more than necessary to prevent them from escaping.
Statutory Content
What does Section 46 of BNSS say?
Indian StandardSection 46, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 46 (India)
Court Pleading StandardSection 46 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/46
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 46 of BNSS mean?
Plain English Explanation
This section means that a person who is arrested should not be restrained more than necessary to prevent them from escaping.
Practical Interpretation
In practice, this section requires law enforcement to use the minimum amount of restraint necessary when arresting someone, to prevent unnecessary harm or discomfort.
Core Legal Purpose
The purpose of this section is to protect the rights and dignity of arrested individuals by preventing excessive use of force or restraint.
Key Legal Elements
- •The person must be under arrest
- •The restraint used must be more than necessary to prevent escape
- •The key test is whether the restraint is necessary to prevent escape
- •There is no explicit exception mentioned in this section
Practical Example
Practical Example of Section 46 BNSS
For example, if Rajesh is arrested for a minor offense, the police should not use handcuffs or other restraints unless it is necessary to prevent him from escaping. If the police use excessive force or restraint, it could be considered a violation of this section.
Common Questions (FAQ)
Frequently Asked Questions about Section 46 BNSS
Q: What is the punishment or consequence under Section 46 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the treatment of arrested individuals, which implies it is relevant to the actions of public entities such as law enforcement.
Q: Is an offence under this section bailable or cognizable?
This section does not explicitly mention an offence, as it is a procedural provision related to the treatment of arrested individuals.
People Also Ask (PAA)
Common Questions about Section 46 BNSS
What is Section 46 of BNSS?
Section 46 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "No unnecessary restraint". In plain terms: This section means that a person who is arrested should not be restrained more than necessary to prevent them from escaping.
What is the punishment under Section 46 of BNSS?
Section 46 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 46 of BNSS bailable or non-bailable?
Whether Section 46 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 46 of BNSS?
The essential elements of Section 46 of BNSS are: The person must be under arrest; The restraint used must be more than necessary to prevent escape; The key test is whether the restraint is necessary to prevent escape.
Landmark Case Laws
Landmark Judgments under Section 46 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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