Under Section 43 of the Bharatiya Nagrik Suraksha Sanhita, 2023, in making an arrest, the police officer or other person making the arrest shall actually touch or confine the body of the person to be arrested, unless there is a submission to custody by word or action. Which additional safeguard does the section provide?

Section 43 of the BNSS, corresponding to Section 46 of the Code of Criminal Procedure, 1973, provides that in making an arrest, the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action. The proviso adds a significant safeguard: where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or the police officer is a female, he shall not touch the person of the woman for making her arrest.