Delhi High Court - Orders
Court On Its Own Motion vs State Govt. Of Nct Of Delhi on 9 October, 2025
$~100
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REF. 12/2025
COURT ON ITS OWN MOTION .....Petitioner
Through: None.
versus
STATE GOVT. OF NCT OF DELHI .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
ORDER
% 09.10.2025
1. This is fresh Criminal Reference, assigned by the Hon'ble Chief Justice.
2. It appears that before the court of learned Additional Sessions Judge- 05, South-East District, Saket Courts, an undertrial prisoner (UTP) was produced in handcuffs in case FIR No. 285/2023 of PS Kalindi Kunj for offence under Section 364/302/201/34 IPC. Since there was no judicial order to produce the said UTP in handcuffs, the learned Additional Sessions Judge-05 enquired from the lockup guard the reason for producing the prisoner in handcuffs. The guard informed that by way of Standing Order No. AP/01/2025 (hereinafter referred to as "the subject Standing Order") issued by the Commissioner of Police, Delhi, all UTPs who are covered by the category of offences mentioned under Section 43(3) of the Bhartiya Nagarik Suraksha Sanhita, 2023, shall be produced from judicial custody in CRL.REF. 12/2025 Page 1 of 3 pages This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2025 at 22:27:19 handcuffs before the courts concerned.
3. The learned Additional Sessions Judge took serious exception to the subject Standing Order on the ground that production of UTPs in handcuffs falls within the domain of the concerned trial court and Section 43(3) BNSS does not cover the UTPs.
4. Quite appreciably, the learned Additional Sessions Judge reiterated the trite legal position that indiscriminate use of handcuffs against UTPs seriously violates their dignity and the same is inhuman, unless ordered by the Court on some reasonable grounds.
5. In the above circumstances, learned Additional Sessions Judge by way of communication dated 29.08.2025 sought authoritative directions from this Court and the same has been registered as a Reference assigned to this Bench.
6. Notice be issued to the learned Standing Counsel, Government of NCT of Delhi.
7. Mrs. Radhika Arora, Advocate (Phone No. 9810982927) is appointed as amicus curiae to assist this Court in answering the Reference. Notice be issued to the learned amicus curiae as well and today itself she be also requested by the Court Master to appear on the next date.
8. This court is of clear view that an offender can be made to suffer the punishment prescribed only by law, which is in the form of curtailment of liberty. Anything beyond that is an unconstitutional infliction, which cannot be sanctified by the courts. This court is also of the view that when a UTP is in judicial custody, it is the duty of the State to ensure that she/he is produced before the court to join the trial or other proceedings and for performing that duty, State cannot deprive the UTP her/his dignity in any CRL.REF. 12/2025 Page 2 of 3 pages This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2025 at 22:27:19 manner. That being so, use of handcuffs on UTPs being produced before the concerned courts from judicial lockups is not acceptable. Therefore, it is directed that till next date, the UTPs being taken from lockup of the Court Complexes to be produced before the concerned trial/appellate/revisional courts shall not be handcuffed. However, in case any UTP is found to be violent, the concerned lockup authorities may consider deputing multiple guards to escort the prisoner to courtroom, but handcuffing the UTPs shall not be done without a judicial order.
9. Relist on 15.10.2025.
10. Copy of this order be sent to all Principal District and Sessions Judges in Delhi with the directions to ensure strict compliance of the above interim order.
GIRISH KATHPALIA, J
OCTOBER 9, 2025/'rs'
CRL.REF. 12/2025 Page 3 of 3 pages
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2025 at 22:27:19