Law Governing Arrest of Women in India

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 PoliceĀ atrocitiesĀ 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.)

 

By Nikita Anand on March 11, 2011 · Posted in Criminal Law, Law and Women

7 Comments | Post Comment

A says:

Being a law under-graduate, it is really sad that you put up such faulty information on your website from a fake chain forward. Much as there is need for this law in India, there is no “law” or statute relating to the arrest of women. These are guidelines suggested by NHRC but not Law. Please do not give people a false sense of safety. Section 41 of the CrPC or for that matter the entire chapter in CrPC relating to arrests does not use the word “woman” or “women” even once.

Posted on March 28th, 2011

Nikita Anand says:

Ms./ Mr. A,
Being a citizen of a free country I welcome healthy criticism wholeheartedly. The criticism which I have received from you seems to be a result of half baked knowledge. But I will gladly clarify your doubt.
In CrPc, Section 41-60 deals with the law of arrest. You will find most of the laws which I have mentioned here among these provisions but for that you need to give it a reading. If you go through them properly you will realize that the provisions relating to arrest of a woman employ the term ‘Female’. Does my information become faulty if I used the word ‘Women’ instead of ‘Females’?
If you have some credible source saying that there is no law/provision whatsoever governing the arrest of women in India, please come forward with it. And, I would also like to know your interpretation of ‘difference between a female and a woman in this context because I see no harm in use of term ‘Woman’ to refer to a ‘female’ for the noble cause of increasing the legal awareness.

Posted on March 30th, 2011

MOHAMMED SARWAR says:

Really very very thanks to Ms Nikita, miss can i contact u by send email to you, as iam in trouble regarding anticipatory bail for my wife who have falsely implicated in section 302 304, and finding way to have anticipatory bail please ………..

Posted on February 29th, 2012

Nikita Anand says:

I suggest you contact a qualified criminal lawyer in your city for helping your wife.

Posted on February 29th, 2012

soumya says:

Section 46(4) of CrPC does mention the word “woman”

Posted on January 8th, 2013

jeyan says:

thanks. your vision is clear and the service is an need of the hour.

Posted on February 20th, 2013

charz says:

hei guys…I was wondering if you are aware of any cases regarding this matter…

Posted on April 19th, 2013