CRPC §49 → BNSS §46

No unnecessary restraint

Substantively sameConfidence: mediumStatus: cross checkedconsolidation context(precautionary)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §49
No unnecessary restraint

49. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

New law
BNSS §46
prevent his escape.

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

What changedAI-inferred

No unnecessary restraint.

Old position

CrPC 49 is concerned with No unnecessary restraint. No unnecessary restraint

New position

BNSS 46 preserves the framework with drafting modernisations as required by the new code. Topic: prevent his escape.. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape

BNSS 46 (prevent his escape.) preserves the framework of CrPC 49. BNSS 46 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 46 text: The person arrested shall not be subjected to more restraint...

Editorial deltaAI-indicated (source-linked)

BNSS 46 (prevent his escape.) preserves the framework of CrPC 49. BNSS 46 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BNSS 46 text: The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 49 continues to apply. For matters from that date forward, BNSS 46 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 46 (prevent his escape.). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §49 → BNSS §46 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/49.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.