(i) As a rule handcuffs or other fetters shall not be forced on prisoners convicted or under-trial –while lodged in a Jail anywhere in the country or while transporting or in transit from one Jail to another or from Jail to Court or back. The Police and the Jail authorities, on their own, shall have no authority to direct the handcuffing of any inmate of the Jail in the country or during transport from one Jail to another or from Jail to Court or back.
(ii) Where the Police or the Jail authorities have well grounded basis for drawing a strong inference that a particular prisoner is likely to jump Jail or break out of the custody then the said prisoner be produced before the Magistrate concerned and a prayer for permission to handcuff the prisoner be made before the said Magistrate. In rare cases of concrete proof regarding proneness of the prisoner to violence, his tendency to escape, he being too dangerous / desperate and finding no other practical way of forbidding escape is available, the Magistrate may grant permission to handcuff the prisoner.
(iii) In all the cases where a person arrested by Police, is produced before the Magistrate and remand---judicial or non-judicial— is given by the Magistrate, the person concerned shall not be handcuffed unless special orders in that respect is obtained from the Magistrate at the time of the grant of the remand.
(iv) When the Police arrests a person in execution of a warrant of arrest obtained from a Magistrate, the person arrested shall not be handcuffed unless the police has
also obtained orders from the Magistrate for the handcuffing of the person to be so arrested.
(v) Where a person is arrested by the Police without warrant, the Police Officer concerned may if he is satisfied, on the basis of the guidelines given by the Supreme Court in para above, that it is necessary to handcuff such person, he may do so till the time he is taken to the Police Station and thereafter his production before the Magistrate.
4.7 In most of the countries handcuffing is permitted as a rule. The above restrictions on the right of the police to handcuff the accused have created lot of practical difficulties. It is not always easy to prevent the accused from escaping. At the same time it is necessary to ensure that this power is not misused. As now-a-days accused are becoming more daring and are even prepared to risk their life to escape, it may be necessary in larger public interest to remove the onerous restrictions now placed on the right of the Police Officer to handcuff the suspect. Therefore, the Committee is of the view that appropriate provision in the Code should be made prescribing the conditions for handcuffing and providing an in-house mechanism to correct the aberrations including punishing the Officer for misusing the power. Seeking review of the decision of the Supreme Court may also be considered.
4.8 Interrogation: The suspect has a right to counsel during interrogation and should be allowed to meet his counsel; but the counsel need not be present throughout the interrogation; where necessary, he is entitled to free legal aid and enjoys the right to remain silent. A woman or a child below 16 years of age cannot be taken to a police station for interrogation. This should apply equally to those who have serious physical or mental problems. Though this does not apply to the suspect/accused, it may be necessary to introduce this change.
4.9 Torture, violence, rape etc.: If tortured, an accused should have the freedom to apprise the Magistrate of the incident, when produced before him. In such cases, the magistrate can remand him to judicial custody. This should be true of any violence or sexual offence perpetrated against an accused person in custody. In all such cases, there must be a detailed enquiry.
4.10 BAIL
4.10.1 A person accused of a bailable offence is entitled to bail as a matter of right. Similarly, persons accused of non-bailable offence may be granted bail at the
discretion of Court, on application. The main purpose behind the denial of bail is that the person can help the police during investigation and not tamper evidence, threaten the witness or impede the course of justice. The bail may be granted at the discretion of the Court depending on the charge against the person and progress of the case. A person seeking bail must furnish bond of necessary value before he is released. He is granted bail on the condition that he presents himself as and when required by the investigating authority and not leave the Country till the trial is complete. The amount of bail should be reasonable and not excessive.
4.10.2 A person who has reason to believe that he may be arrested in future for a non bailable offence, may apply to the competent Court for grant of anticipatory bail. The Court considering the circumstances of the case may grant anticipatory bail so that in the event of arrest, he shall be released on bail.
4.10.3 Bail may be cancelled depending on the behaviour of the person after the grant of bail. If there is sufficient reason to believe that the accused may abscond, repeat the offence, tamper with evidence, threaten witnesses, then the Court may cancel bail on obtaining sufficient proof regarding the involvement of the accused in crime.