Handcuffing: Necessity Or Violation Of Rights?
- Advocate Anil Lalla
- Jan 17
- 2 min read
Handcuffing is a complex issue that balances security needs with fundamental
human rights in the Indian legal system. The Bharatiya Nyaya Sanhita (BNSS) and
judicial precedents provide nuanced guidelines for its use.Legal FrameworkSection
43 of the BNSS allows handcuffing under specific circumstances, such as:
• High-risk offenders
• Individuals with a history of escape
• Cases involving serious crimes like terrorism, murder, and sexual
offenses
Constitutional PerspectiveThe Supreme Court has consistently emphasized that
handcuffing is a violation of fundamental rights, particularly:
• Article 21: Right to life and personal liberty
• Article 14: Right to equality
• Article 19: Freedom of movement
Judicial GuidelinesKey Supreme Court guidelines include:
• Handcuffing must be the exception, not the rule
• Requires judicial approval
• Must be justified by a compelling security need
• Should preserve human dignity
Conclusion: While handcuffing can be necessary for security, it must be applied
sparingly and with strict judicial oversight to prevent arbitrary infringement of
individual rights.
Specific circumstances under which handcuffing is justified:
The Bharatiya Nyaya Sanhita (BNSS) allows handcuffing under specific, limited
circumstances:
Justified Circumstances for Handcuffing
Escape Risk
Reasonable apprehension that the accused may attempt to escape
Strong inference of potential flight risk
Violent Behavior
Exhibiting violent behavior that threatens:
Themselves
Law enforcement officials
Other individuals
Specific Offender Categories
Handcuffing may be permitted for individuals who:
Are chronic or repeat offenders
Have previously absconded from custody
Committed serious crimes such as:
Terrorist acts
Murder
Rape
Drug-related crimes
Trafficking
Sexual offenses against children.
Critical Conditions
The Supreme Court emphasizes that handcuffing must:
Be the exception, not the rule
Require judicial approval
Have documented justification
Be used only when absolutely necessary.
Importantly, merely committing a serious offense does not automatically justify
handcuffing. There must be tangible evidence of escape risk or dangerous
behavior.
Please give your views on this.
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