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Bengal Presidency - Section

Section 330 in Police Regulations, Bengal , 1943

330. Use of handcuffs. [§ 12, Act V, 1861].

(a)Prisoners arrested by the police for transmission to a Magistrate or to the scene of an enquiry, and also under-trial prisoners, shall not he subjected to more restraint than is necessary to prevent their escape. The use of handcuffs or ropes is often an unnecessary indignity.
In no case, shall women be handcuffed, nor shall restraint be used to those who either by age or infirmity are easily and securely kept in custody. Witnesses arrested under section 171, Code of Criminal Procedure, shall, in no circumstances be handcuffed.In bailable cases prisoners should not be handcuffed unless violent, and then only by the order of the officer-in-charge of the police-station, the reason for the necessity of this action being entered in the general diary and in the certificate in B.P. Form No. 57.In non-bailable cases, the amount of restraint necessary must be left to the discretion of the officers concerned. In certain circumstances the use of handcuffs may not be necessary to prevent escape but, if for instance, the prisoner is a powerful man in custody for a crime of violence, or is of notorious antecedents, or disposed to give trouble, or if the journey is long, or the number of prisoners is large, handcuffs may properly be used. Escorts should, in any case, be supplied with handcuffs for use, should necessity arise.
(b)In the case of two prisoners whom it is necessary to handcuff, they will be handcuffed in couples, the right wrist of one to the left wrist of the other. In no circumstances should more than two prisoners be secured together.
(c)In all cases in which the use of handcuffs is allowed and considered necessary, and when no proper handcuffs are available, the prisoners may be secured by ropes or pieces of clothing. These shall be so tied, as not to interfere unduly with proper circulation, 'and shall be replaced by handcuffs as soon as possible.
(d)Great caution shall be exercised at all times in the removal of handcuffs and other fastenings from prisoners en route whether by land or water.
(e)Handcuffs shall be kept in good order. If broken, they shall be mended or replaced without delay.