Plea Challenges BNSS Handcuffing Rule as Unconstitutional: Andhra Pradesh High Court

The Andhra Pradesh High Court has asked the Central Government to respond to a petition challenging  Section 43(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which permits police to handcuff accused persons in serious offences.

The petitioner submitted that the impugned provision confers unfettered discretion upon police authorities, resulting in the stigmatisation of individuals before conviction, and thereby infringes Articles 14 and 21 of the Constitution.

The plea also contended that handcuffing should remain an exception, not a routine practice, and could be permitted when there is a clear and reasonable risk of escape.

[Keyur Akkiraju v Union of India]