HANDCUFFING AS A FORM OF TORTURE: THE FRAMEWORK AND VIOLATION OF THE RIGHTS OF ARRESTED INDIVIDUALS

The treatment of arrested individuals is perceived as a primary test of a country’s commitment to protect human rights and upholding the principles of dignity and humanity. A contested dispute in the realm of custodial violence is the practice of handcuffing. Handcuffing is generally viewed as a practice to prevent the escape of an accused. In India, Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) states that an arrested individual cannot be subjected to more restraint than is necessary to prevent their escape. However, the practice of handcuffing is statutorily allowed under section 43(3) of the BNSS, where the police officer is given the power to handcuff certain individuals which is contingent on the nature and gravity of the offence committed by the accused. However, the use of handcuffs under conditions which are not inscribed under section 43(3) undermines the rights of the arrested individuals under section 46 as they cannot be restrained beyond necessity.