Handcuffing of Arrested Person

Explanation

BNSS Section 43 is the most controversial new provision in the BNSS's arrest chapter — introducing a statutory handcuffing power that has no equivalent in the CrPC. Under CrPC, the Supreme Court in Sunil Batra (1980) and Prem Shankar Shukla (1980) had virtually banned handcuffing except in the rarest cases with specific judicial authorisation, treating it as an affront to human dignity. Courts routinely struck down handcuffing orders. BNSS Section 43 reverses this in specified categories: habitual offenders, escape-risk persons, and those accused of serious offences including organised crime, terrorism, NDPS offences, offences against women/children, and offences punishable with more than 7 years. The provision requires: (1) police officer's reasonable belief of escape or violence risk; (2) compliance with State Government rules. Critics argue this opens the door to routine humiliation of accused; supporters argue it is necessary for operational security in high-risk arrests. The constitutionality of Section 43 will inevitably be tested before courts.