SC disapproves handcuffing of accused, terms it as inhuman practice
The Apex court termed handcuffing as inhuman practice and disapproved of it against undertrial prisoners and convicts.
The Apex court termed handcuffing as inhuman practice and disapproved of it against undertrial prisoners and convicts. However, it said that handcuffing is relevant in the case of four men who were encountered by the Hyderabad police.
In 1995, the Supreme Court has passed 'Citizens for the Democracy Vs State of Assam'-- the procedures to be followed while handcuffing a prisoner. The court said that the police and jail authorities do not have the authority of handcuffing an inmate or during transit from one jail to another. It said that may be considered during the violence which breaks out in police vans in between undertrials or convicts.
Citing the Hyderabad encounter, the court said that the police might have sought permission from the magistrate to handcuff the accused when they were taken to the crime spot.