Women‘s Rights which she has during her arrest in India.
Arresting is seizing someone with legal authority and taking him into custody.
The criminal justice process deals with several stages. At the first stage the freedom of the citizen is restrained to safeguard public interest. Even during an arrest where the accused is a woman, her safety is a need for reasonable trial of the denounced and to guarantee the amendment specifically made in 2005 to the Criminal Procedure Code, 1973 for the safety of woman.
In February 2017 a Pune based girl was raped by a police officer. She was asked to come to police station along with her male friend as they fail to produce driving license during checking. The police officer asked the guy to fetch his license and asked the girl to follow him to the police station. But instead of taking her to police station he took him to a deserted place and raped her. In this case if that girl would have been aware of her rights this incident wouldn’t have taken place. Like her there are thousands of women who are unaware of their legal rights until they hire a legal firm for their problems. So, to help women know their rights and stand by it here are some of the women‘s rights which she has during her arrest in India.
- Right not to be called to police station
- Right to no arrest
- Search of arrested person
The arrested woman has to be guarded by the female police officers only.
In case of Sheela Barse v St. of Maharastra, The Hon'ble Supreme Court held that it is the duty of the police officer to ensure that there are separate lock ups for males and females in the police station. In case there is no separate lock–up, woman should be kept in a separate room.
A woman can’t be called to the police station for the interrogation under section 160 of Criminal Procedure Code. The police can only interrogate woman at her residence in the presence of a woman constable or police officer and family members or friends
According to Supreme Court orders a women can’t be arrested before or after sunset. In case the woman has committed a serious crime, the police have to get it in writing the reason to arrest her at night. A pregnant woman can be arrested only in case of very serious crime. During arrest of a pregnant woman proper health care would be ensured.
Only a female police can search another female and it should be carried out in a decent manner. (Section 51(2) of the Code Of Criminal Procedure, 1973) But a male officer can search a woman’s house. The medical examination if needed should be done under the supervision of a female medical (Section 53(2) of the Code of Criminal Procedure, 1973) practitioner. Arrestee should be given all necessary pre-natal and post-natal care. Women must never be restrained during labour.
If the police officer fails to abide by rules which are laid down while arresting a woman, she should immediately contact her lawyer. Women can also complain to the Station House Officer who is in-charge of the Police Station or the complaint can be addressed to the Magistrate. Also in such case points should be made and designation of officers and their names should be noted down to bring clarity to the problem faced by the arrested woman. In case of mistreatment although remuneration can be paid yet the offence committed by the accused cannot be declared void .
A woman is prone to crime. Here the emphasis was given to protect woman during her arrest Protection is given so that Police misdeeds can be prevented. There are numerous ambiguities regarding this and to the most vital one is male police officer is arresting the women during day The apex court of the country has made efforts to come clean on the situation but there is a lot more to do.
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