Chapter V
Section 49 CrPC: No unnecessary restraint
New Law Update (2024)
Section 50 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Important Sub-Sections Explained
Landmark Judgements
D.K. Basu v. State of West Bengal (1997):
This landmark judgment laid down exhaustive guidelines for arrest and detention by police officers, emphasizing the importance of human dignity and preventing custodial violence. The Court held that while the police have the power to arrest, they must do so with due regard to human rights, ensuring that no arrested person is subjected to torture, cruel, inhuman, or degrading treatment, thereby reinforcing the principle of minimum necessary restraint.
Joginder Kumar v. State of U.P. (1994):
This judgment clarified that an arrest cannot be made merely because it is lawful, but must be based on a reasonable belief and necessity. It mandated that an arrested person has a right to have one friend or relative informed of their arrest and place of detention, and also the right to consult a lawyer. The ruling aims to prevent arbitrary arrests and ensure procedural fairness, thereby implicitly limiting unnecessary restraint by requiring justification for the arrest itself.