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§46

No Unnecessary Restraint

Plain-English Summary — Not Verbatim Statutory Text

A person under arrest cannot be subjected to more restraint than is necessary to prevent their escape. This is a general dignity-and-proportionality rule that sits alongside the narrower handcuffing rule in Section 43(3).

Restraint must be proportionate to actual escape risk, not routine.

Combined with Section 43(3), this is your basis for objecting if the restraint used against you seems excessive for the actual situation.

Sec. 43: How An Arrest Is Actually Made — and the Handcuffing Rule Sec. 47: Right to Know the Grounds of Arrest

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Sec. 43

How An Arrest Is Actually Made — and the Handcuffing Rule

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.

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.