How An Arrest Is Actually Made — and the Handcuffing Rule
Describes the physical act of arrest: touching or confining the person's body, unless they submit to custody by word or conduct. Officers are not supposed to use more restraint than the situation actually requires.
Sub-section 43(3) — one of BNSS's most debated additions — permits handcuffs during arrest or while producing someone before court, but only for specific categories: habitual or repeat offenders, people who escaped custody, and those accused of serious offences (organised crime, terrorism, drug offences, illegal weapons, murder, rape, acid attacks, counterfeiting, human trafficking, sexual offences against children, or offences against the State).
- Submitting to custody verbally or by conduct avoids the need for physical restraint at all.
- Handcuffing is not automatic even within the listed categories — courts have held it must still be fair, necessary and proportionate to a real risk (escape, violence), not routine or for show.
- This provision has drawn real criticism from civil-liberties groups as a step back from earlier Supreme Court limits on handcuffing — it's still being actively litigated.
If you're arrested, handcuffing isn't supposed to be automatic or used to intimidate — there has to be a specific, justifiable reason tied to actual risk.
Related law
Personal liberty and dignity — the constitutional backdrop courts use to limit how far Sec. 43(3) can be applied
Still wondering about...
Can I be handcuffed for a minor offence?
Keep exploring
Arrest Without a Warrant
Arrest isn't automatic just because an offence is cognizable — the officer needs real grounds, and there's an extra procedural check for older or infirm people accused of minor offences.
No Unnecessary Restraint
Combined with Section 43(3), this is your basis for objecting if the restraint used against you seems excessive for the actual situation.
This is a plain-English summary, not verbatim statutory text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the bare Act (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.