Kanooni Charcha: Hand cuffing under new criminal law -Section 43 of BN SS 20223 to be operative from 01-7-2024
Kanooni charcha by Rtd Judge Subash Gupta / Former Member Public Service Commission J& k-On topic -Hand cuffing of accused under new criminal law -Section 43 of BNS S 2023 to be operative from first July 2024 in grave & heinous Offences is permitted at the discretion of arresting police officers. Also discussed earlier Judgements of Supreme Court & Various High courts providing guidelines for applying hand cuffs only in exceptional circumstances with the permission of Magistrate -Hand cuffing was declared as violative of Article 21 Of Constitution Of India in cases of Sunil Batra (1978) & Prem Shanker Shakula (1980) by Supreme Court of India
