Question
According to Section 43(3) of the BNSS, 2023, under
which of the following circumstances can a police officer use handcuffs while effecting the arrest of a person accused of an ordinary theft offense?Solution
Explanation: Section 43(3) of the BNSS states that "the police officer may, keeping in view the nature and gravity of the offence, use handcuff while effecting the arrest of a person who is a habitual, repeat offender who escaped from custody, who has committed offence of organised crime, offence of terrorist..." For ordinary offences like simple theft without such aggravating circumstances, the use of handcuffs must be justified by the gravity of the offense and the criminal antecedents of the person. Routine, indiscriminate use of handcuffs is not permitted. The question tests understanding of the proportionality principle embedded in Section 43(3).
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