Securing the presence of the accused in the trial is a basic necessity for a fair trial. To ensure such presence the police officer may use all means necessary to arrest such person. However, the police officer cannot resort to methods which result in deprivation of dignity of the arrestee. The act of deprivation of liberty cannot be cruel, inhuman or degrading and it must be in conformity with the fundamental rights enshrined in the Constitution.
- The use of handcuffs during arrest has been seen by the Courts to be violative of the concept of liberty and dignity under Article 21 of the Constitution. Almost four decades ago, the Supreme Court in the case of Prem Shankar Shukla v. Delhi Administration10 had declared the use of handcuffs unconstitutional. However, the court has carved out certain exceptions to the general practice of use of handcuffs.
- It is clear that a general restriction cannot be imposed on the use of handcuffs due to various unforeseeable compelling circumstances. There may be situations which leave the police officer with no other option but to use handcuffs to prevent the accused from escaping. Various instances have come
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to light where the accused has either escaped or got injured (died) while escaping. These situations may be averted if use of handcuffs is permitted in limited circumstances. - In light of these facts and court rulings, the BNSS has incorporated the use of ‘handcuffs. CI.43(3) of BNSS introduces powers for the police to use handcuffs, keeping in mind the ‘nature and gravity of offence’ upon arrest if the following conditions are met: (a) where the offender is a habitual, repeat offender; (b) the person has escaped from custody; and (c) has committed offences including organised crime, terrorist acts, drug related crime, sexual offences, murder, acid attack, human trafficking, offences against the State, illegal possession of arms and ammunition, or economic offences amongst others. Such provisions pertaining to handcuffs, are currently existing in some state prison manuals (ex. Kerala and Odisha).
