Section 46: No Unnecessary Restraint
Code
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Explanation
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) emphasizes the principle of minimal restraint in dealing with arrested individuals. It states that the level of restraint applied should be proportionate to the risk of the person escaping. Unnecessary or excessive restraint is prohibited.
Illustration
Imagine a person arrested for a minor traffic violation. While they are in custody, it would be inappropriate to shackle them or place them in solitary confinement. Such measures are excessive and go beyond what’s necessary to prevent escape. Instead, a less restrictive approach like supervision or a designated waiting area would suffice.
Common Questions and Answers: on No Unnecessary Restraint
Q: Does this section allow for the use of handcuffs on all arrested individuals?
A: No, it does not. Handcuffs should only be used when there is a genuine risk of the person escaping or posing a threat to themselves or others.
Q: What happens if an officer uses excessive restraint on an arrested person?
A: The officer could face disciplinary action or even legal charges for violating the person’s rights.
Q: Can an arrested person challenge the level of restraint used by an officer?
A: Yes, they can. They can file a complaint with the relevant authorities or seek legal representation to challenge the excessive use of restraint.
