Corresponding section- 46 CrPC
Prem Shankar Shukla vs Delhi Administration, 1980 and Sunil batra, 1978 Guidelines—
1. Handcuffing is, prima facie, inhuman, unreasonable & Arbitrary.
2. Competing claims of securing the prisoner from fleeing and protecting his personality from barbarity have to be harmonized...& Other such guidelines..
Prem Shankar Declared the use of handcuffs unconstitutional under article 21. However, the court has carved out certain exceptions to the general practice of use of handcuffs
Aeltemesh Rein v. Union of India, (1988)
SC directed UOI to make Guidelines and rules for Handcuffing use.
Citizens For Democracy vs State Of Assam, 1995
The Supreme Court relied on its decisions in Sunil Batra and Prem Shankar Shukla cases laid down guidelines for use of handcuff and directed all ranks of police and prison authorities to meticulously obey the guidelines.
Guidelines are as follows—
1. General rule
Handcuffs or other fetters shall not be forced on a prisoner - convicted or under-trial-while lodged in a jail anywhere in the country or while transporting or in transit from one jail to another or from jail to court and back. The police and the jail authorities, ON THEIR OWN, shall have no authority to direct the hand- cuffing of any inmate of a jail in the country or during transport from one jail to another or from jail to court and back.
2. Exceptions-
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
🫱Prayer for permission to handcuff the prisoner be made before the said Magistrate.
Magistrate discretion—
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.
3. Special orders required in remand order for judicial/police custody (167), execution of a warrant of arrest.
4. When police can handcuff without order of magistrate
If Person is arrested by the police without warrant the police officer concerned may if he is satisfied, on the basis of the guidelines given above (dangerous/desperate, tendency to escape etc..) 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 above.
5. All Ranks of Police officers have to follow the above guidelines and non compliance will be dealt as contempt of court.
Table is attached for List of Offences in which Handcuffing is allowed.
Is 43(3) BNSS correct as per guidelines?
Compensation Awarded
Sabah Al Zarid v. State of Assam, 2023 awarded Rs. 5,00,000/- compensation to the petitioner which was payable by the respondent and held the handcuffing of the petitioner by the respondent contrary to the law laid down by Supreme Court.
 BNSS Handcuffing ){kind=link}