Section 46: No Unnecessory Restraint
Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the articulation of the doctrine of human treatment during arrest. The persons to be arrested must not be put to any form of restraint greater than what is necessary to prevent the arrested person from fleeing. This is one of those provisions that enforces the promise to protect human dignity and human rights by aligning police practices.
The main objective of Section 46 is to ensure that the degree of restraint used in an arrest is proportionate to the necessity of preventing a person from escaping. The police officers must use restraint not to an extent that would be considered excessive so that the person's fundamental rights and dignity are preserved during the arrest. This is a representation of the principle of proportionality: that the level of restraint used should be the least intrusive way for achieving the lawful objective of securing detention of the individual.
This section specifically aims to ensure that measures taken in this case will not lead to an excessive use of force or restraint practices that may result in humiliation of the person arrested.
For instance, if the person does not present an immediate danger or a justifiable risk of flight, officers are advised against using handcuffs or other forms of physical restraint. Such measures should only be applied when necessary to prevent escape or ensure the officer's or public safety
By limiting unnecessary restraint, Section 46 serves to protect individuals from potential abuse of power by law enforcement officers.
It ensures that arrested persons are treated with respect and dignity, preventing the misuse of force that could lead to unnecessary physical harm or psychological distress.
The provision seeks to uphold the principles of fairness and justice within the criminal justice system, preventing the abuse that may arise during the arrest process.
