The Supreme Court has directed [Citizens for Democracy v. State of Assam, (1995) 3 SCC 743 : AIR 1996 SC 2193] that where the police or the jail authorities have well-grounded basis for drawing a strong inference that a particular prisoner is likely to jump jail or break out of the custody then the said prisoner be produced before the Magistrate concerned and a prayer for permission to handcuff the prisoner be made before the said Magistrate. Save in rare cases of concrete proof regarding proneness of the prisoner to violence, his tendency to escape, he being so dangerous/desperate and the finding that no other practical way of forbidding escape is available, the Magistrate may grant permission to handcuff the prisoner. In all the cases where a person arrested by police, is produced before the Magistrate and remand — judicial or non-judicial — is given by the Magistrate the person concerned shall not be handcuffed unless special orders in that respect are obtained from the Magistrate at the time of the grant of the remand. When the police arrests a person in execution of a warrant of arrest obtained from a Magistrate, the person so arrested shall not be handcuffed unless the police has also obtained orders from the Magistrate for the handcuffing of the person to be so arrested. Where a person is arrested by the police without warrant the police officer concerned may if he is satisfied, on the basis of the guidelines given by us in para above, that it is necessary to handcuff such a person, he may do so till the time he is taken to the police station and thereafter his production before the Magistrate. Further use of fetters thereafter can only be under the orders of the Magistrate as already indicated. The Supreme Court has directed that any violation of any of the directions by any rank of police in the country or member of the jail establishment shall be summarily punishable under the Contempt of Courts Act apart from other penal consequences under law.
These guidelines make it clear that it is necessary to obtain orders from the Magistrate for handcuffing of a person arrested. Such permission is to be given where there is proneness of the prisoner to violence, his tendency to escape, he being so dangerous/desperate and the finding that no other practical way of forbidding escape is available. However, as held by the Supreme Court, if the above tendencies are noticed, and if is considered necessary due to these reasons, then the police can use handcuffs till the time he is taken to the police station after his arrest without warrant and thereafter till his production before the Magistrate; but, after he has been produced before Magistrate, handcuffs can be used only on the orders of the Magistrate.
If you feel that handcuffs have been used in contravention of the above guidelines, then you may complain to the Magistrate for taking action against the police officers concerned.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
