Section 50 of the Criminal Procedure Code (CrPC) 1898 establishes a vital principle concerning the treatment of persons under arrest. It provides that “No person shall be subjected to more restraint than is necessary to prevent his escape.” This simple...
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Section 50 of the Criminal Procedure Code (CrPC) 1898 establishes a vital principle concerning the treatment of persons under arrest. It provides that “No person shall be subjected to more restraint than is necessary to prevent his escape.” This simple yet powerful provision serves as a safeguard against misuse of police authority and ensures humane treatment during the process of arrest and detention.
The term “restraint” refers to physical or procedural limitations placed on a person’s freedom of movement. In the context of arrest, some level of restraint—such as handcuffing or detention—is necessary to ensure compliance and prevent escape. However, excessive restraint, such as unnecessary force, humiliation, or prolonged physical confinement, violates both this section and broader human rights principles.
This rule reflects the balance between state authority and individual liberty. While the state must enforce law and order through lawful arrests, it must not do so in a way that compromises human dignity. Section 50 therefore ensures that the use of force is proportionate and justified only when necessary to prevent an escape or maintain security.
Courts in Pakistan, India, and other common-law jurisdictions have consistently upheld this principle. Judicial interpretations emphasize that handcuffing, chaining, or unnecessary display of force must be avoided unless justified by the circumstances. The section aligns with constitutional guarantees of life and personal liberty under Article 9 of the Constitution of Pakistan.
In essence, Section 50 reinforces the ethical and legal duty of law enforcement to treat every person—whether guilty or innocent—with respect and fairness. It promotes accountability and professionalism within the police system, ensuring that the power to arrest is exercised responsibly.
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