The relevant provision i.e S. 43(3) of the BNSS. reads :

To summarise, now a person may be handcuffed while being arrested or on production before Court when:

• the nature & gravity of the offence so demands;
• And the person is:
  • a habitual or repeat offender, or 
  • who escaped from custody, or 
  • who has committed the 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, a sexual offence against children, or offence against the State.

Comment:

It appears that no prior application to the Court is needed now (as was the case earlier) before handcuffing a person arrested.

Having said that, we believe that the Courts would (and should) insist on some cogent reasons as to why this course of action is being adopted in a particular case and those reasons being recorded in the Case Diary and subject to – of course – judicial review of the Courts.