What Is BNSS Section 46?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 46: No Unnecessary Restraint

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

Brefe Detail

This section emphasizes that individuals who are arrested should not face excessive restraint. The focus is on ensuring that the level of restraint used is appropriate to prevent escape without being unnecessarily harsh.

Question & Answers

What does Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 state?

Section 46 states that a person arrested shall not be subjected to more restraint than is necessary to prevent their escape.

Why is it important to limit restraint on an arrested person?

It is important to limit restraint to protect the rights of the individual and to prevent inhumane treatment, ensuring that the level of restraint is proportional to the situation.

Example

Scenario: A police officer arrests a suspect for a minor offense. According to Section 46, the officer should only use the minimum amount of restraint necessary to prevent the suspect from escaping, avoiding handcuffs if they can ensure compliance without them.

Summary

Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates that arrested individuals should not be subjected to excessive restraint, allowing for humane treatment while still preventing escape.