The arrest of women in India

Criminal laws in India are highly concerned with the safety, welfare and security of women such laws laid down various provisions that protect the women from several authorities of criminal nature. However, it is clear that the culprit does not resort to any particular class. An offender may be of any class, creed, race, sex or origin so, in any circumstances, it cannot let go any woman free who is accused of committing an offence, but could provide special provision so that they could get their right of honest trial and treated with every human right.

Chapter V of Criminal Procedure Code, 1973 deals with “Arrest of persons”, In D.K. Basu v. State of West Bengal, the court issued some mandatory guidelines in the case of arrest or detention includes, the arresting authority must bear an accurate, visible and clear identification with their names and designation written on it, his family and friends must be told about his arrest and a memo must be signed by the arresting authority and family members and the accused may be permitted to meet his lawyer during interrogation. But there are some special provisions for the arrest of women.

According to Section 46(4) CrPC, no women shall be arrested after sunset and before sunrise, but if in any exceptional situation it takes place, then a women police officer make a written report, obtains the prior permission of the judicial magistrate first class within whose jurisdiction the offence is committed or arrest is taking place. In Sheela Brse v. St. Of Maharashtra, the court held that it is the duty of police officers making arrests to make arrangements so that arrested females are separated from men and kept in female lock-up in the police station. In case, there are no separate lockup women should keep it in separate rooms. According to the proviso of Section 160(1)CrPC, that no male person, under the age of fifteen or above the age of sixty years or women or physically disabled person shall be required to attend any place other than the place in which such male person or women resides. In case of a pregnant woman being arrested, restraints are only used as a last resort and they must never be restrained during labour.

According to Section 53(2)CrPC, if there is a medical examination of the accused person who is female her examination is conducted under the supervision of a female medical practitioner.

In CBI v. St. Of Maharashtra, Bombay High Court held that if the police authority violated any norms in arresting women then such an arrest is considered as an illegal arrest and breach of rights and any harm to her modesty and safety will take as the violation of fundamental rights. If there is volition in arresting of women then she can refuse to arrest if the procedure is not followed by a police officer or she could complain to the magistrate having local jurisdiction.

From ancient times, women in India are facing various difficulties, society from time to time tries to undermine the status of women so, and there must be some special provisions for women so they could protect themselves but not be excused from any crime they committed.

Aishwarya Says:

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