Code of Criminal Procedure, 1973
CrPC Section 49 in BNSS
No unnecessary restraint. Section 49 of the Code of Criminal Procedure, 1973 (No unnecessary restraint) corresponds to Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
A woman shall ordinarily be arrested:
Answer & explanation
By a woman police officer, and not between sunset and sunrise save exceptionally
The safeguard requires prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed where arrest outside the permitted hours is necessary.
A woman is to be arrested in connection with a cognizable offence. Which of the following is NOT required by the Bharatiya Nagarik Suraksha Sanhita, 2023?
Answer & explanation
Prior written authorisation of a Judicial Magistrate in every case
There is no requirement of prior written authorisation for every arrest of a woman. The night-time restriction and the woman-officer requirement are the safeguards; magisterial permission is needed only for a night arrest.
Sections either side of it
How the neighbouring provisions of the Code of Criminal Procedure, 1973 were renumbered:
| CrPC | Provision | BNSS |
|---|---|---|
| 44 | Arrest by Magistrate | 41 |
| 46 | Arrest how made | 43 |
| 47 | Search of place entered by person sought to be arrested | 44 |
| 50 | Person arrested to be informed of grounds of arrest and of right to bail | 47 |
| 50A | Obligation to inform a nominated person about the arrest | 48 |
| 51 | Search of arrested person | 49 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full CrPC→BNSS table