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.
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