No unnecessary restraint

Q: When did Section 49 of the Code of Criminal Procedure come into force?

Section 49 of the Code of Criminal Procedure, cited as CRPC 49, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.

Repealed From 01 Apr 1974 Act 2 of 1974 As on 17 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 49 of the Code of Criminal Procedure, 1973 deals with no unnecessary restraint. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Section 49, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 46 No unnecessary restraint Text carried over almost unchanged 100%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Questions about Section 49

What does Section 49 of the Code of Criminal Procedure deal with?

Section 49 of the Code of Criminal Procedure is headed "No unnecessary restraint". The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

How do I find court cases under Section 49 of the Code of Criminal Procedure?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 49, section 49 CRPC, section 49 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 49 of the Code of Criminal Procedure, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNSS 46 (No unnecessary restraint), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 49 of the Code of Criminal Procedure come into force?

Section 49 of the Code of Criminal Procedure, cited as CRPC 49, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.

Other sections of this Act

320. Compounding of offences1554 words
167. Procedure when investigation cannot be completed in twenty four hours1005 words
220. Trial for more than one offence962 words
360. Order to release on probation of good conduct or after admonition804 words
2. Definitions799 words
198. Prosecution for offences against marriage774 words

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.