Bhartiya Nagarik Suraksha Sanhita allows handcuffs in grave cases

Suraksha Sanhita (BNSS), which will replace Code of Criminal Procedure, has carved out an exception for handcuffing suspects arrested for grave offences while being produced before a criminal court. It has, however, retained the earlier provision of not following the practice in other offences. The argument was that a distinction should be drawn between heinous and non-heinous crimes, officials said. Until now, CrPC has been guided by the Supreme Court's 1980 verdict in Prem Shankar Shukla vs Delhi Administration case, in which it termed the practice 'extremely objectionable'.

Section 43(3) of BNSS on 'arrests how made' says: "The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency notes, human trafficking, sexual offence against children, or offence against the state."

CrPC, which defined 'arrests how made', gave unbridled powers to authorities to arrest a person under Section 46, allowing use of reasonable force to effect an arrest or prevent the escape of an accused person. The use of handcuffs falls under this provision and police personnel are authorised to use them if they deem it necessary. However, on various occasions the apex court had advised against using handcuffs, except in exceptional circumstances, while producing a suspect before a court.


The new law further says that "no woman shall be arrested after sunset and before sunrise" except in exceptional circumstances and "where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made".

The three laws passed by Parliament namely - BNSS, Bhartiya Nyay Sanhita and Bhartiya Sakshya Adhiniyam - are likely to be implemented first in Union Territories by year-end.