Parliamentary Panel: Handcuffs Should Not Be Used For Economic Offenders (image: Pixabay)
The Parliamentary Standing Committee on Home Affairs recommended that people taken into custody citing economic offences should not be handcuffed and grouped with those detained for horrible crimes such as rape and murder. They also suggested changes to Bharatiya Nagarik Suraksha Sanhita (BNSS) on matters relating to the police custody of an accused past the first 15 days from arrest.
It was on August Centre has introduced three bills in Lok Sabha – the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya Adhiniyam (BSA) Bill, 2023, to replace the three major keystones of Indian criminal justice system – the Indian Penal Code or IPC, the Code of Criminal Procedure or CrPC, and the Indian Evidence Act respectively.
The parliamentary panel headed by BJP MP Brijlal, denotes that the use of handcuffs, referred in the Clause 43 (3) of the BNSS should aptly restrict to the select horrible crimes in matters to prevent the escape of people who are charged with serious crimes and to provide safety to police officers and the staffs during arrests. The committee is also of the opinion that “economic offences” should not be considered in this category since it includes a wide range of offences — from petty to serious. Therefore, the panel advises that it may not be suitable a general application of handcuffing in all cases considering under this category. “The committee, therefore, recommends that Clause 43(3) may be suitably amended to delete the words “economic offences” from the clause,” PTI quotes as the panel is saying.
On the matter of police custody of an accused, the panel says that Clause 187(2) of the BNSS specify a total of 15 days for police custody, to be utilised in whole or in parts at any time, during the initial 40 days or 60 days out of the detention period of 60 days or 90 days, as applicable.
Nevertheless, there is a concern that this section could be liable to misuse by authorities since it does not clearly state that the custody was not taken in the first 15 days either due to the conduct of the accused or due to external circumstances beyond the control of the probe officer. The committee advises a suitable amendment conveying clarity. Furthermore, panel recommends that in Clause 482 of the BNSS, the words “the accused may be required for police custody beyond the first fifteen days” may be added,” they mentioned.
As per the CrPC, police custody can be bought and granted only during the first 15 days of detention, for a maximum of 15 days. But it allows authorities to use this in whole or in parts at any time during the initial 40 days (for offences carrying up to 10 years of punishment) or in the first 60 days (for offences carrying punishment beyond 10 years).
The reports of the parliamentary committee were submitted to the Rajya Sabha on Friday.
(With inputs from PTI)
