Section 10 in Punjab Prisoners (Attendance In Courts) Rules, 1969
10. Handcuffing of prisoners.
[Section 9(2)(a)] - The handcuffing and fettering of convicted prisoners and undertrial prisoners while travelling by rail or road shall be regulated as below :-A - Convicted prisoners - (a) "Handcuffs" - Handcuffs shall be imposed on convicted prisoners when travelling by rail or road as below:-(1)Male prisoners in the superior class, who have been sentenced to more than two years rigorous imprisonment, shall be handcuffed;(2)Other prisoners in the superior class shall not be handcuffed unless the Superintendent of Police for special reasons to be recorded in writing, orders otherwise;(3)Male prisoners in the ordinary class shall ordinarily be handcuffed;(4)Female prisoners shall not be handcuffed unless it is essential to prevent escape, violence or suicide. Where handcuffs are imposed on such prisoners reasons thereof shall be recorded in writing by the senior police officer at headquarters:Provided that any general or special order issued by the State Government from time to time in regard to the handcuffing of any particular prisoner, or class of prisoners shall be followed:Provided further that it shall be in the discretion of the officer in-charge of the Police Escort to exempt sick or otherwise infirm prisoners from being handcuffed.(b)Fetters. - (1) Convicts in the superior class who have been sentenced to not more than two years rigorous imprisonment shall, when travelling by rail or road, not wear fetters unless the Superintendent of Police for special reasons to be recorded in writing, requires, their imposition. Such prisoners may be allowed to wear their own clothes in transit if they so desire.(2)When travelling by rail or road, other convicts when convicted of any of the offences specified below, shall wear fetters:-Offences punishable under sections 224, 225-B, 302, 303, 304, 307, 308, 392 to 402, Indian Penal Code.(3)Female prisoners shall not wear fetters;(4)The Superintendent of Prison in applying for the police escort shall enter in the requisition from the name, offence, sentence and classification of any convict whom he does not propose to fetter and who has been allowed to wear private clothes.B - Undertrial Prisoners. - (1) In the case of undertrial prisoners requisitioned by the police for attendance in court or before a magistrate or under the authority of a competent magistrate for any other purpose, the responsibility for deciding as to which undertrial prisoners are to be handcuffed or fettered or both, and for seeing that the decision is carried out shall rest with police authorities:Provided that undertrial prisoners charged with offences specified below shall not be handcuffed when in transit by rail or road from or to courts unless there is reasonable ground for apprehending escape, violence or suicide and where possible, the orders of the Superintendent of Police or of any other senior police officer at the headquarters have been taken with the reasons for imposing handcuffs:Provided further that any general or special order issued by the State Government from time to time in regard to the handcuffing of any particular prisoner or class of prisoners shall be followed.Indian Penal Code - Chapters VA, VI and VIII Sections 153-A to 160, Chapter IX except sections 170 and 171, Chapters IX-A and X, Chapter XI except sections 1, 26-A, 224, 225-B and 226, Chapters XIII, XIV, XV sections 312 to 316, 323, 334 to 338, 341 to 352, 355 to 358, sections 384 to 389, 403; 404, 421 to 434, 447 and 448 Chapters XVIII, XIX, XX, XXI and XXII, all non-cognizable offences.Code of Criminal Procedure - Persons against whom proceedings under section 108 are in progress.Other Act - All non-cognizable offences.(2)All undertrial prisoners handcuffed shall, as far as possible, be kept separate from those not handcuffed when escorted to and from jail.(3)In court, handcuffs of undertrials shall invariably be taken off unless the presiding officer directs otherwise.(4)In the case of undertrial prisoners charged with murder, fetters shall not be imposed when in transit to courts at the headquarters of the district, unless the prisoner concerned is also charged with some other crime of violence, or is known to be a dangerous or hardened criminal.(5)Fetters shall not be imposed on undertrial prisoners in transit, except in the case of those charged with murder or dacoity and unless, there are special reasons for doing so, to be recorded in writing by the senior police officer at headquarters.(6)Female undertrial prisoners shall not be handcuffed unless it is essential to prevent escape, violence; or suicide. Where handcuffs are imposed reasons therefor shall be recorded in writing by the senior police officer at headquarters.
