fettered political prisoners through the streets. Furthermore, the police
must gain judicial permission before they use restraints during an
arrest or on a detainee.
The human rights-conscious court summed up its opinion of handcuffs
in Sunil Batra (II) v. Delhi Administration (1980):
“To fetter prisoners in irons is an inhumanity unjustified, save where safe
custody is otherwise impossible. The routine resort to handcuffs and irons
bespeaks a barbarity hostile to our goal of human dignity and social justice.”
The Police Commission Reports and the State Police Manuals too emphasise,
that the human rights of prisoners during escorting and handcuffing should
be taken care of. The following guidelines must be observed:
•
•
•
No person shall be handcuffed who, by reason of age, sex or infirmity
can be kept in custody without handcuffs.
Under trial prisoners and other accused persons should not be
handcuffed and chained unless there is reasonable doubt that such
persons will use violence or attempt to escape. The police escort must
be sufficiently strong to prevent escape.
In no case should prisoners or accused persons, who are aged and
bed-ridden in hospitals, or women or juvenile or civil prisoners, be
handcuffed or fettered14.
Andhra Pradesh Police Manual mentions the following orders in regard
to escorts over prisoners1. The police officer of highest rank present shall be responsible that the
handcuffs fit properly.
2. If the prisoner is violent and is strong and able to offer considerable
resistance, the handcuffs may be coupled behind his back instead of
in front of his body.
3. The practice of fastening the chain to a bed while the escort rests or
feeds and all other methods of attachment are absolutely forbidden.
The West Bengal Police Manual says prisoners arrested by the police for
transmission to a Magistrate or to the scene of an enquiry, and also undertrial prisoners, shall not be subjected to more restraint than is necessary to
prevent their escape. The use of handcuffs or ropes is often an unnecessary
indignity. In no case, shall women be handcuffed, nor shall restraint be
14
Fourth Report of the National Police Commission
Manual on Human Rights for Police Officers
31