Law Governing Arrest of Women in India

March 11th, 201111:21 pm @    


There have been various cases where modesty of women has been played with on the name of police arrest. Special provisions have been laid down in the Code of Criminal Procedure and guidelines have been formulated by the Supreme Court to put a check on incidences of Police atrocities on women. Following are the laws which govern the arrest of a woman (To know the law relating to arrest applicable to all persons click here.)
  • No woman can be arrested after the sunset and before sunrise without special permission from the magistrate.
  • At least one Female police officer should be present when a woman is being arrested.
  • If in a situation a woman needs to be searched then it should be done by another female with strict regard to her decency and modesty.
  • An arrested woman should be kept in a lock up exclusively for women which is separated from that of men. If such lock up is not available then they should be kept in a separate room.
  • In case the woman is pregnant, physical restraints should be avoided and safety of the foetus should not be compromised in any case.
  • If a woman has been arrested for a non-bailable offence of serious nature e.g an offence punishable by death penalty, the court is empowered to grant her bail.

 

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Nikita is the Co-Founder and Managing Editor of MightyLaws.in. She is a lawyer/author residing in Delhi. She believes that increasing legal awareness is the key to ensure social justice and simplification of law is the means to achieve it. She writes articles on social and political issues for various platforms in English and Hindi.

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