The Legality Of Handcuffing In India: A Critical Study Under Article 21 Of The Constitution
- IJLLR Journal
- Aug 11
- 2 min read
S. Madhesh, B.B.A. LL.B., S. Thangapazham Law College, Vasudevanallur, Tenkasi, Tamilnadu.
K. Rajesh Kumar, B.COM. ML., (Ph.D), Faculty of Law, S. Thangapazham Law College, Vasudevanallur, Tenkasi, Tamilnadu.
1. ABSTRACT
The legality of handcuffing has emerged as a significant constitutional issue within the Indian criminal justice system, particularly in the context of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. Although handcuffing is often justified as a security measure to prevent escape, maintain public order, or ensure the safety of law enforcement personnel, its use has consistently raised questions regarding the protection of individual dignity, fairness, and procedural justice. The absence of uniform standards governing its application has further contributed to legal uncertainty and judicial scrutiny.
This study critically examines the legality of handcuffing in India by analysing the constitutional framework, relevant statutory provisions, judicial interpretations, and the legal principles governing the exercise of police powers. Particular emphasis is placed on the evolving jurisprudence of the Supreme Court of India and the extent to which statutory provisions relating to handcuffing conform to the constitutional mandate of Article 21. The study also evaluates the impact of the Bharatiya Nagarik Suraksha Sanhita, 2023, in regulating the use of handcuffs and examines whether the legislative framework adequately safeguards the fundamental rights of accused persons and prisoners.
Adopting a doctrinal research methodology, the paper relies upon constitutional provisions, statutory enactments, judicial precedents, and recognised legal commentaries. The analysis further incorporates established principles of statutory interpretation, including the Golden Rule, the Mischief Rule, and the Purposive Rule, to examine whether the legal provisions governing handcuffing are capable of achieving a constitutionally balanced interpretation. The study seeks to explore the constitutional validity of handcuffing within the Indian legal system and to identify the legal and practical issues that continue to influence its application in contemporary criminal justice administration.
Keywords: Article 21, Handcuffing, Personal Liberty, Human Dignity, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Constitutional Law, Criminal Justice Administration, Statutory Interpretation.
