handcuffing
rsagarjain
(Querist) 01 November 2009
This query is : Resolved
Should a undertrail be handcuffed when being produced in court? The general answer would be 'No'. However, an accused would generally be an undertrail in a henious offence. What (1)if he runs away if he is not handcuffed (2) attacks the escorting police party (3)If the accused is not handcuffed and runs away, why should the escort policeman be suspended (4)undertrail if not handcuffed attacks the judge (5)not handcuffed, runs away with the weapon of the escort policeman.
So, is it mandatory that undertrail should not be handcuffed when produced in Court. Case Law?
Kiran Kumar
(Expert) 01 November 2009
your questions are quite genuine, but sometimes the people who are delivering judgments are not in fact aware of practical aspects.
there is a SC judgment in this regard, which restricted the use of handcuffs in the court premises....i ll attach the same very soon.
Raj Kumar Makkad
(Expert) 01 November 2009
I disagree with Kiran. there is also a judgment of the SC which provides that if an accused like you mentioned in your quarry then not only handcuffing but legcuffing can also be made with the permission of the court.
Sachin Bhatia
(Expert) 02 November 2009
Mr. Kiran and Mr. Raj if possible can you send me those judgements.
rsagarjain
(Querist) 02 November 2009
Mr. Kiran and Mr. Raj. Could you please give me the citations on the handcuffing.
Dr. Jyothi Vishwanath
(Expert) 03 November 2009
if the undertrial is very dangerous as in your imagined circumstances, he can be very well handcuffed with the prior permission of the court.
mmn
(Expert) 04 November 2009
prem shankar shukla AIR 1980 SC 1535.
