No handcuffs for economic offenders, recommends parliamentary panel

A parliamentary panel wants that those arrested for economic offences should not be handcuffed and clubbed with those held for heinous crimes such as rape and murder.

This is part of a report prepared by the Parliamentary Standing Committee on Home Affairs headed by BJP MP Brijlal, suggesting changes to the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The BNSS Bill was introduced in the Lok Sabha in August along with the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Sakshya Adhiniyam (BSA) bills. These seek to replace the Code of Criminal Procedure Act, the Indian Penal Code and the Indian Evidence Act respectively.

The parliamentary panel noted that the use of handcuffs, as outlined in Clause 43(3) of the BNSS, was appropriately restricted to select heinous crimes to prevent escape of individuals accused of serious offences and ensure the safety of police officers and others during arrests.

But the committee felt that "economic offences" should not be included in this category.

This is because "economic offences" encompasses a wide range of offences — from petty to serious — and therefore, it may not be suitable for blanket application of handcuffing in all cases in this category.

Suggested changes

"The committee recommends that Clause 43(3) may be suitably amended to delete the words 'economic offences' from the clause," the panel said.

The clause 43(3) states: "The police officer may, keeping in view the nature and gravity of the offence, use handcuff while effecting the arrest of a person who is a habitual, repeat offender who escaped from custody, who has committed offence of organised crime, offence of terrorist act, drug related crime, or offence of illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency notes, human trafficking, sexual offences against children, offences against the State, including acts endangering sovereignty, unity and integrity of India or economic offences."

On police custody of an accused, the committee noted that Clause 187(2) of the BNSS stipulated a total of 15 days for police custody, to be utilised in whole or in parts at any time, during the initial 40 or 60 days out of the detention period of 60 days or 90 days as applicable.

However, it felt this clause could be vulnerable to misuse by authorities as it does not explicitly clarify that the custody was not taken in the first 15 days either due to the conduct of the accused or due to extraneous circumstances beyond the control of the investigating officer.

"The committee recommends that a suitable amendment may be brought to provide greater clarity in the interpretation of this clause.”

Police custody

The commission also recommended that in Clause 482 of the BNSS, the words “the accused may be required for police custody beyond the first fifteen days' may be added".

Under the current Code of Criminal Procedure (CrPC), police custody can be sought and granted only during the first 15 days of detention, for a maximum of 15 days.

The clause stipulates a total of 15 days for police custody, but allows authorities to use this in whole or in parts at any time during the initial 40 days (for offences carrying up to 10 years of punishment) or in the first 60 days (for offences carrying punishment beyond 10 years).

The reports of the parliamentary panel were submitted to the Rajya Sabha on Friday.

(With agency inputs)