Can Police Handcuff You? Section 43 BNSS vs Sections 46 and 49 CrPC

Handcuffing an arrested person had no express statutory basis anywhere in the Code of Criminal Procedure, 1973 (CrPC) -- a full-text search of the Code's arrest provisions turns up no reference to handcuffs at all. Section 43(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) changes this: it is a new, standalone power to use handcuffs during arrest or court production, but only for specified offence categories.

The situation

A person is being arrested, or is being taken to or from court after arrest, and police use handcuffs. They want to know whether this was lawful, and what limits apply to the use of force during and after arrest more generally.

Old law vs new law at a glance

What the law requires now, step by step

Step 1 -- The general manner of arrest

Section 43(1) BNSS: "In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action." This is the same opening rule as Section 46(1) CrPC, including the proviso on a woman's presumed submission without touching.

Step 2 -- Use of force against resistance

Section 43(2) BNSS: "If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest." Identical to Section 46(2) CrPC.

Step 3 -- The new handcuffing power

Section 43(3) BNSS:

"The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State."

This is entirely new text. It is limited in three ways on its face: (a) it applies only "while making the arrest... or while producing such person before the court" -- not to custody in general; (b) the officer must have regard to "the nature and gravity of the offence"; and (c) it is confined to the listed categories -- habitual or repeat offenders, persons who escaped custody, and a closed list of offence types (organised crime, terrorist act, drug-related crime, illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency notes, human trafficking, sexual offences against children, and offences against the State).

Step 4 -- The limit: no right to cause death

Section 43(4) BNSS: "Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life." This is the same limiting principle found in Section 46(3) CrPC, now placed after the new handcuffing sub-section rather than before it.

Step 5 -- Additional restriction on arresting a woman at night

Section 43(5) BNSS restricts arresting a woman after sunset and before sunrise to exceptional circumstances, in which the woman police officer must, by making a written report, obtain the prior permission of the Magistrate of the first class. This sub-section sits within the same "Arrest how made" provision as the handcuffing power but addresses a separate situation; the comparison to Section 46(4) CrPC, including a wording variance worth noting, is covered in the companion guide on arrest of women and senior citizens.

Step 6 -- No unnecessary restraint once arrested

Separately from the arrest provision, Section 46 BNSS states: "The person arrested shall not be subjected to more restraint than is necessary to prevent his escape." This is the same rule, unchanged and merely renumbered, as Section 49 CrPC -- and it applies generally to restraint in custody, not only to handcuffing during arrest itself.

What changed -- and what did not

• New provision: Section 43(3) BNSS is the only place in either the CrPC or the BNSS, as read in this session, where the word "handcuff" appears. The CrPC's arrest provisions were silent on handcuffing entirely.
• Identical in substance: the general manner of arrest (Section 43(1) BNSS / Section 46(1) CrPC), the power to use all means necessary against resistance (Section 43(2) BNSS / Section 46(2) CrPC), the no-right-to-cause-death limit (Section 43(4) BNSS / Section 46(3) CrPC), and the no-unnecessary-restraint rule (Section 46 BNSS / Section 49 CrPC) are all carried over without substantive change.
• Scoped, not unlimited: the new handcuffing power under Section 43(3) BNSS is confined on its face to arrest and court-production moments, to specified offence categories, and to an assessment of "the nature and gravity of the offence" -- it is not a general power to handcuff any arrested person.
• Overarching limit still applies: Section 43(4) BNSS's death-related restriction and Section 46 BNSS's no-unnecessary-restraint rule apply on top of, not instead of, the new handcuffing power.

Which law applies to your case

The BNSS came into force on 1 July 2024, so an arrest made before that date was made under the CrPC. Separately, under the savings clause in Section 531(2)(a) BNSS, an appeal, application, trial, inquiry or investigation pending immediately before the BNSS came into force is to be disposed of, continued, held or made in accordance with the CrPC as if the BNSS had not come into force. The full transition rule is explained in Which Law Applies to an Offence Before 1 July 2024; this article does not go beyond what that rule states.

Practical checklist

For the person affected or their family:

• Note the alleged offence and whether it falls within one of the categories listed in Section 43(3) BNSS -- habitual/repeat offender, escape from custody, organised crime, terrorist act, drug-related crime, illegal arms possession, murder, rape, acid attack, counterfeiting, human trafficking, sexual offence against children, or offence against the State.
• Note whether handcuffs were used only during arrest or court production, or continued into general custody -- the statutory power is tied to those two moments.
• Record any force used beyond what was necessary to prevent escape or overcome resistance.

For the advocate:

• Check whether the offence actually charged falls within Section 43(3) BNSS's closed list before accepting that handcuffing was lawful -- the provision does not extend to offences outside that list.
• If handcuffing occurred outside the "making the arrest" or "producing before the court" window described in Section 43(3), consider whether it falls back on the general no-unnecessary-restraint rule in Section 46 BNSS instead.
• For any force resulting in death, test it against Section 43(4) BNSS's requirement that the person be accused of an offence punishable with death or life imprisonment.
• If the arrest predates 1 July 2024, or a related investigation, inquiry or trial was pending immediately before that date (Section 531(2)(a) BNSS), analyse the conduct under the CrPC, not Section 43(3) BNSS.

Frequently asked questions

Did the CrPC allow police to handcuff an arrested person?

The CrPC's arrest provisions -- Section 46 (arrest how made) and Section 49 (no unnecessary restraint) -- contain no reference to handcuffs at all. A full-text search of the CrPC in the Bare Act library confirms no section uses the word "handcuff."

When can police use handcuffs under BNSS?

Section 43(3) BNSS allows a police officer, having regard to the nature and gravity of the offence, to use handcuffs while making an arrest or while producing the person before a court, where the person is a habitual or repeat offender, has escaped from custody, or has committed an offence of organised crime, a terrorist act, a drug-related crime, illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins or currency notes, human trafficking, a sexual offence against children, or an offence against the State.

Can police use force that could kill someone who is not accused of a capital offence?

No. Section 43(4) BNSS states that nothing in the section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life -- the same limit that existed under Section 46(3) CrPC.

Is there a general limit on restraint once someone is in custody?

Yes. Section 46 BNSS provides that a person arrested shall not be subjected to more restraint than is necessary to prevent their escape -- the same rule, unchanged, from Section 49 CrPC.

Does the handcuffing power apply to women arrested at night?

Section 43(5) BNSS carries a separate, specific restriction on arresting a woman between sunset and sunrise, distinct from the handcuffing power in Section 43(3). See the dedicated guide on arrest of women and senior citizens for that provision.

Related on Veritect

• Arrest of Women and Senior Citizens: BNSS vs CrPC
• Rights After Arrest: A Checklist Under BNSS vs CrPC
• Police Sent You a Notice to Appear? Section 41A CrPC vs Section 35 BNSS
• Which Law Applies to an Offence Before 1 July 2024
• Section 41 CrPC vs Section 35 BNSS -- Arrest Without Warrant
• Section 46 CrPC vs Section 43 BNSS — Arrest How Made
• Sections 41C and 43 CrPC vs Sections 37 and 40 BNSS — Designated Police Officer, Control Rooms and Arrest by a Private Person
• Section 484 CrPC vs Section 531 BNSS — Repeal and Savings

Statutory sources

• Bharatiya Nagarik Suraksha Sanhita, 2023 -- Section 43(1)-(5), Section 46, Section 531 (read from BNSS_2023.md)
• Code of Criminal Procedure, 1973 -- Section 46(1)-(4), Section 49 (read from CrPC_1973.md)

This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.