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Report No. 154

10. Arrest how made: Amendment in section 46(1)

Do you agree with the suggestion that sub-section 1 of section 46 of Code should be amended by inserting a proviso thereunder providing that an accused should not be handcuffed by the police ordinarily while the accused is in the custody of the police, whether for transporting him to the court or elsewhere, unless such a person has attempted to or there are reasonable apprehension to believe that he will prevent the arrest by any means. A police officer not below the rank of Deputy Superintendent of Police can only authorise handcuffing in such emergent situations.

The Code of Criminal Procedure, 1973 Back

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