Parliamentary Committee Recommends No Handcuffs for Economic Offenders

November 14, 2023

A parliamentary committee has recommended that individuals accused of economic offenses should not be handcuffed, differentiating them from those arrested for heinous crimes such as rape and murder. The committee’s suggestions come as part of recommended changes to the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Introduction of BNSS-2023 Bill

The Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) bill was introduced in the Lok Sabha on August 11, along with the Bharatiya Nyaya Sanhita (BNS-2023) and the Bharatiya Sakshya Adhiniyam (BSA-2023) bills. These three proposed laws aim to replace the Code of Criminal Procedure Act, 1898, the Indian Penal Code, 1860, and the Indian Evidence Act, 1872, respectively.

Restricting Handcuffs to Heinous Crimes

The parliamentary panel has emphasized that the use of handcuffs should be restricted to select heinous crimes to prevent the escape of individuals accused of serious offenses and ensure the safety of police officers during arrests. The committee believes that “economic offenses” should not fall into this category because it encompasses a wide range of offenses, from minor to severe. Therefore, the blanket application of handcuffing may not be suitable for all cases under this category.

Proposed Amendment to Clause 43(3) of BNSS

The committee recommends amending Clause 43(3) of the BNSS to delete the words ‘economic offenses’ from the clause. This clause outlines the rules for the use of handcuffs, specifying the circumstances in which handcuffs may be employed during an arrest.

Handling Police Custody Beyond the First 15 Days

Additionally, the parliamentary committee has recommended changes related to the police custody of an accused beyond the initial 15 days from arrest. Clause 187(2) of the BNSS stipulates a total of 15 days for police custody, but concerns exist that this clause could be misused by authorities. The committee suggests amending the clause to provide greater clarity in its interpretation and also proposes adding the words ‘the accused may be required for police custody beyond the first fifteen days’ to Clause 482 of the BNSS.

Historical Context of Handcuffing

The Supreme Court has previously disapproved of the handcuffing of convicts and undertrial prisoners, emphasizing the need for fair procedures and objective monitoring. Handcuffing has been regarded as inhuman and unreasonable, particularly when it lacks justification and is deemed overharsh.

Current Police Custody Provisions

Under the existing Code of Criminal Procedure (CrPC), police custody can be sought and granted only during the first 15 days of detention, with a maximum duration of 15 days.

« Previous Post Next Post »