Gujarat DGP issues fresh guidelines against public parading, inhumane treatment of accused persons

The Gujarat Police has issued fresh statewide guidelines directing police personnel not to publicly parade accused persons, handcuff them unnecessarily or subject them to humiliating treatment during investigation and custody procedures.

The directive was issued by Dr K L N Rao through a circular dated May 12, 2026, addressed to all police commissioners, range inspectors general, superintendents of police and senior officers across the state.

The circular follows observations made by the Gujarat High Court and the landmark judgment of the Supreme Court of India in the case of D K Basu vs State of West Bengal delivered on December 18, 1996.

According to the communication, the Gujarat High Court, while hearing Writ Petition No. 153 of 2018 in the case of Vydhiya Vijaybhai Bhatt vs State of Gujarat, had expressed concern over instances where accused persons were allegedly taken out in public while handcuffed, tied with ropes and subjected to public humiliation.

The high court, in its judgment dated May 7, 2019, observed that such practices were inappropriate and directed the Director General of Police office to issue clear instructions to all police units in the state.

The circular stated that incidents involving accused persons being publicly paraded had tarnished the image of Gujarat Police and overshadowed the force’s positive work. It further noted that such conduct created a negative perception among the public and violated the dignity and human rights of accused persons.

The guidelines reiterate that accused individuals should not be publicly displayed after arrest and must be protected from violent crowds while being taken to police stations or courts. Officers have also been instructed not to misbehave with accused persons and to ensure that their self-respect and dignity are preserved during investigation procedures.

The directive extensively refers to provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, particularly sections dealing with arrest procedures, notice for appearance before police officers, preparation of arrest memorandums and the rights of arrested persons.

Police personnel have been instructed to clearly identify themselves while making arrests and prepare proper arrest memorandums attested by witnesses or family members. The circular also reiterates the right of an arrested person to inform relatives or friends and consult an advocate during interrogation.

On the issue of handcuffing accused persons, the DGP clarified that section of the BNSS permits the use of handcuffs only in serious offences involving habitual offenders, organised crime, terrorism, narcotics, illegal arms, murder, rape, acid attacks, human trafficking and offences against the state.

For offences outside the categories specified under the law, police officers have been directed to obtain prior permission from the concerned magistrate before using handcuffs.

The circular further warned officers against engaging in acts considered degrading or inhumane, including forcing accused persons to sit or kneel publicly, assaulting them in public, compelling them to apologise publicly by holding their ears or subjecting them to public flogging.

The DGP stated that any violation of the guidelines would attract strict disciplinary action against the concerned police personnel. The responsibility for ensuring compliance has been fixed upon officers of the rank of Deputy Superintendent of Police, Assistant Commissioner of Police, Superintendent of Police, Deputy Commissioner of Police and higher authorities in the respective jurisdictions.

The instructions have been circulated to all police commissionerates, CID Crime, ATS, State Monitoring Cell and district police units across Gujarat for strict implementation.