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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

Under Section 43(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in relation to a person who has committed organised crime, a police officer may:

A police officer may use handcuffs while arresting the person or producing him before the court, keeping in view the nature and gravity of the offence. Section 43(3) of the BNSS specifically lists those who have committed organised crime among the persons who may be handcuffed.

  1. AUse handcuffs while arresting or producing the person in court, keeping in view the nature and gravity of the offenceCorrect
  2. BCause the death of the person if he resists arrest
  3. CArrest the person only with a Magistrate's warrant
  4. DNever handcuff the person since he is presumed innocent

Explanation

Section 43(3) allows handcuffing, having regard to the nature and gravity of the offence, of a person who has committed organised crime among other listed categories. Section 43(4) denies any right to cause death of a person not accused of an offence punishable with death or life imprisonment, and no warrant requirement is stated.

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