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Your rights

Can police handcuff me?

Short answer

Generally no. Handcuffing is prohibited unless the person is dangerous, violent, or likely to escape. The Supreme Court has issued strict guidelines.

Understanding the issue

The Supreme Court in Prem Shankar Shukla v. Delhi Administration held that handcuffing is inhuman, unreasonable, and violates Article 21. Police can only handcuff a person if there are exceptional circumstances — such as the person being violent, dangerous, or having a history of escape. The officer must record the reasons for handcuffing in writing. Routine handcuffing of all arrested persons is illegal. If you are handcuffed without justification, you can file a complaint and seek compensation from the court for violation of your fundamental rights.

Laws that apply

  • Prem Shankar Shukla v. Delhi Administration (1980) — Handcuffing guidelines
  • BNSS Section 36 — Procedure of arrest
  • Article 21 — Right to dignity