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Manish Kashyap handcuffed, face covered with pot: What does the law say? IV News

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Bihar’s famous YouTuber Manish Kashyap surrendered to the police on Saturday (March 18, 2023). Police allege that Manish shared misleading news, pictures and videos of violent incidents in Tamil Nadu with some people of Bihar through social media. Pictures of Manish Kashyap in Bihar Police custody after his arrest go viral. In these pictures, Manish Kashyap’s hands are handcuffed. Along with this, Manish’s face has also been covered with pot. Many are raising questions about these pictures of Manish.

Journalist Sudhir Mishra has shared this photo of Manish Kashyap with his Twitter handle “@Sudhir_Mish” on March 19, 2023 (Sunday). In the picture, Manish is surrounded by 4 people. The four are said to be soldiers of the Bihar Police in regular uniform. Manish, wearing blue jeans and a purple shirt in the picture, has handcuffs on both his hands. Manish has joined hands in handcuffs. A policeman has taken the rope of this handcuff in his hand. The picture is of a deserted place on a road. A vehicle can also be seen parked behind.

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Sudhir captioned the photo, “This is journalist Manish Kashyap, not a terrorist. Do Nitish and Tejashwi feel ashamed or not? Apart from Sudhir Mishra, many other users are also showing their displeasure against Bihar government by sharing this picture of Manish Kashyap. Some called it an act of intimidating the journalist while some questioned Tejashwi’s qualifications.

People are giving different reactions on Twitter

According to reports, the Tamil Nadu Police has also reached Patna to question Manish Kashyap. Meanwhile, many are expressing anger over the pictures of Manish Kashyap covering his face and handcuffed. Some users say that such behavior is carried out by terrorists. Shandilya Vijay also features in the ones against handcuffs and gamchha.

What is the Supreme Court’s advice on handcuffs

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In Manish Kashyap’s handcuffed photo, some users are accusing the Bihar police of violating the Supreme Court order. @NITI_1111 chimed in and said, “Supreme court has said handcuffing a person is illegal. In Sunil Batra v. Delhi Administration (1978) 4 SSC 409, the Supreme Court clearly stated that the police cannot handcuff a person.”

When we looked into this claim, we found a report dated August 15, 2019 by “Live Law”. In this report, the rules of arrest have been mentioned in Section 46 of the “Criminal Code 1973 (CrPC)”. There are 4 clauses in this manual. The first provision states that the police can only use the necessary force against a person who resists arrest.

The same report cited the case of Sunil Batra v. Delhi Administration (1978) 4 SSC 409. In this case the Supreme Court had clearly said that the police cannot handcuff a person and if they do it would be completely illegal and violative of Article 21 and Article 22 of the Indian Constitution. Article 21 gives everyone the right to personal freedom.

Handcuffs can be placed under certain circumstances

Another case in the Supreme Court has been cited in the same report. This case was from Bihar. In the case of Anjani Kumar Sinha vs State of Bihar 1992 it was said that handcuffing depends on the character of the arrested accused. The Supreme Court had also said that if the accused is suspected of escaping custody or disturbing the public peace, in such circumstances he can be handcuffed by the police. During a hearing in several other cases, the Supreme Court had said that if the police wanted to handcuff someone, they had to seek prior permission from the court concerned with valid reasons.

However, it is not yet clear whether the Bihar police, who handcuffed Manish Kashyap, had previously obtained permission from the court or not.

Why cover your face with a towel

OpIndia spoke to retired SP Avinash Gautam, SP Avinash Gautam, about the issue of covering Manish’s face with a pot. They told us that the police sometimes cover the faces of the accused for security reasons and to ensure that the process of identifying potential future witnesses in prison is fair. Behind the face shield, it is often claimed by the police to keep the accused from defamation.

However, the question of why Manish’s face was covered by the Bihar Police remains unanswered. In different photographs of Manish released from the custody of the Bihar police, some show his face exposed and some have it covered.

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