IPC Section 50
๐น IPC Section 50 โ Person Lawfully Arrested Not to be Handcuffed
Text of the Section:
โNo person who is arrested shall be subjected to more restraint than is necessary to prevent his escape.โ
๐ Explanation:
Section 50 lays down an important principle regarding the treatment of a person who has been lawfully arrested by the police or other authorities.
โ In simpler terms:
When someone is arrested by the police, the law does not allow the police to apply excessive force or restraint.
The only restraint allowed is what is necessary to prevent the arrested person from escaping.
For example, if handcuffs or chains are not needed to prevent escape, then they should not be used.
The arrested personโs personal liberty and dignity should be respected as much as possible during the arrest process.
โ๏ธ Purpose of Section 50:
To protect the rights and dignity of the arrested person.
To prevent torture, humiliation, or unnecessary use of force during arrest.
To ensure that the use of restraint is proportionate and reasonable.
๐ Important points:
This section does not prohibit arrest; it only restricts the use of unnecessary restraints.
The police can still use handcuffs, leg irons, or other restraints if they are strictly needed to prevent escape.
If a person is peaceful and cooperative, using handcuffs may be considered excessive.
The application of restraints must be justified and recorded.
๐ Example:
If a person is being arrested and is cooperative, handcuffing them might be unnecessary and against Section 50.
But if the arrested person tries to run away or is violent, handcuffing or other restraints may be necessary.
โ ๏ธ Relation with Other Laws:
This section complements other legal safeguards ensuring humane treatment during arrest (like rights under the Code of Criminal Procedure, 1973, and Article 21 of the Indian Constitution which guarantees the right to life and personal liberty).
It is a protection against excessive use of force or police misconduct.
RELATED Blog
0 comments