Ahmedabad: In Bollywood movies, especially from the 70s and 80s, a cop would hang a handcuff while looking through the face of a criminal, saying, "You are under arrest." However, the scene has changed now with the CID (crime and railways) issuing a circular, instructing the cops to follow an SOP (standard operating procedure) for the use of handcuffs.
The circular followed the introduction of the Bharatiya Nagrik Suraksha Sanhita (BNSS)-2023. "The Criminal Procedure Code (CrPC) did not have any SOP for the use of a handcuff," said a police official.
The circular issued on Oct 19 states that the Supreme Court (SC) earlier issued directives in various judgments to regulate the use of handcuffs, stating that law enforcement agencies must obtain a court's permission before handcuffing an individual.
The circular said that permission to handcuff an individual in serious crime categories can be given at the time of arrest and at the time of court production.
If an accused needs to be handcuffed for medical examination, recovery of weapons or stolen property used in the crime, or recreation of the crime scene, it can only be done after obtaining a court order, said the circular.
"If handcuffing is risky for individuals with certain illnesses, it should generally be avoided to prevent violating their right to health and safety. Ensure that the provisions of Article 21 of the Indian Constitution are not violated and human dignity is not harmed when handcuffing. Whenever it is necessary to handcuff a person, the reasonable reasons and any orders obtained in this regard should be clearly recorded in the station diary," said the circular.
The provision for the use of handcuffs under Section 43(3) of the BNSS is not mandatory but necessary, it said.
Guidelines For Police
A police officer may use handcuffs when arresting or presenting in court a person who is a habitual or repeat offender, has escaped custody, or has committed organised crime, terror activities, drug-related offences, illegal possession of arms and ammunition, murder, rape, acid attacks, counterfeiting currency, human trafficking offences, sexual offences against children, or crimes against the state
Take Caution
Handcuffs should not be used in ordinary circumstances, should not be used in a way that causes unnecessary pain or injury, avoid handcuffing individuals for extended periods without proper and necessary reasons, should not be used as a form of punishment or to harm a person's dignity