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Bengal Presidency - Section

Section 478 in Police Regulations, Bengal , 1943

478. Classification of undertrial prisoners and their treatment. [§ 12, Act V 1861].

(a)Undertrial prisoners will be of two classes based on their previous standard of living. The classifying authority will be the trying Court, subject to the approval of the District Magistrate. During the period a prisoner is in police custody. Before production before a competent Court, the officer-in-charge of the police-station shall use his discretion as to his classification.
(b)Undertrial prisoners who have been placed in class A by the trying Court shall not be handcuffed, or roped, unless the Superintendent, or the officer-in-charge in his absence after consulting the District Magistrate, or the officer-in-charge in the absence of the District Magistrate, considers the use of handcuffs or ropes necessary. The use of handcuffs or ropes in the case of undertrial prisoners who have been placed in class B, or who have not been classified, is only authorised in cases when there is reasonable expectation that they will use violence, or attempt to escape, or that an attempt will be made to rescue them.