CrPC Section 49
Section 49 – No unnecessary restraint
This section provides protection to a person who has been arrested.
🔹 Main Principle:
When a person is arrested, he or she should not be subjected to more restraint (restriction on movement, use of force, or confinement) than what is necessary to prevent escape or to ensure custody.
Detailed Explanation:
Purpose of the Section:
The law recognizes that when a person is arrested, the police or the authority has the right to restrict his movement.
But this restriction should be reasonable and not excessive or unnecessary.
Example: If someone is arrested for a minor offence and is cooperating, chaining hands and legs is not allowed unless there is a strong reason (like danger of escape).
Protection Against Misuse of Power:
Police cannot harass, torture, or unnecessarily confine a person once arrested.
The restriction should only be to the extent required to ensure the person does not run away or interfere with the legal process.
Human Rights Angle:
This provision ensures that an arrested person is treated with dignity.
Even though arrested, he/she still has fundamental rights, and cannot be treated like a convicted criminal before trial.
Practical Example:
Suppose police arrest a person for theft.
It is enough to keep him in custody or lockup under guard.
Beating him, tying him with heavy chains, or keeping him in solitary confinement unnecessarily would violate Section 49.
Connection with Other Sections:
It is linked with Section 46 CrPC (how arrests are made) and Section 50 CrPC (rights of the arrested person).
All these sections collectively protect the person from excessive force and ensure fair treatment.
In Summary:
Section 49 CrPC says that an arrested person must not be subjected to more restraint than what is necessary to prevent his escape. Police cannot misuse their authority to harass, punish, or humiliate the arrested individual. The restraint should always be reasonable, lawful, and proportionate to the situation.
RELATED Blog
0 comments