CrPC Section 46-60A vs BNSS Section 43-60

The CrPC-to-BNSS transition in arrest procedure involves two competing movements: one that strengthens state power (BNSS Section 43 — handcuffing) and one that strengthens individual rights (BNSS Section 47 — consolidated arrest rights with D.K. Basu codification). Section 43's handcuffing expansion represents a law enforcement lobby victory — decades of police complaints that near-total handcuffing prohibition created operational security risks in serious arrests have been addressed legislatively. Section 47's rights consolidation represents a civil liberties victory — by making D.K. Basu requirements statutory, violations become clearly justiciable without needing to invoke constitutional jurisprudence. The net effect depends on enforcement: Section 43 could become a routine justification for handcuffing in all serious arrests; Section 47 could become a checklist that magistrates use to scrutinise arrest legality.