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Why do they not use handcuffs in India?
There must be material, sufficiently stringent, to satisfy a reasonable mind that there is clear and present danger of escape of the prisoner who is being transported by breaking out of the police control and further that by adding to the escort party or other strategy, he cannot be kept under control.
Can the police use handcuff at the time of arrest?
Similarly, a person arrested in the execution of an arrest warrant must not be handcuffed unless prior permission has been taken from the magistrate. The Supreme Court has held handcuffs must be the last refuge, not the routine regimen.
Does India use handcuffs?
When making an arrest, a police officer “shall actually touch or confine the body of the person to be arrested,” according to India’s Code of Criminal Procedure. Handcuffs are meant to be used by police making arrests “only in extreme cases,” said New-Delhi based lawyer Anish Dayal.
Are handcuffs legal in UK?
There is no law in the UK that prevents civilians carrying handcuffs. Anyone who does carry handcuffs should be aware that their use could constitute a crime, unless they can show that using them was reasonable and proportionate in the circumstances.
What do you think about handcuffing an accused in India?
Indian supreme court consider handcuffing as animalising “accused”. some dumb human right activists take offence when police handcuff accused. Indian police cant even handcuff a rapist or a killer until he/she poses a danger of life or risk of escape. I consider it as a serious loophole.
Can the police still handcuff you in the UK?
The Police can still handcuff a person if (s)he is perceived to be a danger. The Police are forced to use discretion in handcuffing arrested person. This makes them responsible. By the way, handcuffing is still the norm in Britain.
What is the law on handcuffing?
It is the law of the land (by many Supreme Court judgments such as Prem Shankar Shukla v. Delhi Administration, AIR 1980 SC 1535) that the police shall not handcuff or use handcuffs in a routine manner, it must be used only when there is a danger of the prisoner becoming violent or when the person being arrested is likely to escape from custody.
Why is handcuffing considered animalising the human?
The reason behind this is that handcuffing is considered animalising the human, a method of humiliating and torturing the prisoner. Merely because he is a prisoner, the /state cannot rob him of basic human dignity and humiliate him and treat him like an animal.