ARREST AND CUSTODY OF A WOMEN
vinod bansal
(Querist) 13 September 2008
This query is : Resolved
sir
Plz enlighten me regarding arrest and custody rules of a female alongwith citation Thanx
Adv.Shine Thomas
(Expert) 14 September 2008
A woman has the right to refuse to go to a police station between the hours of 6pm and 6am unless the arresting officer is a woman.This is based on guidlines issues by Amnesty International,the Supreme Court of India in DK Basu vs State and the National Human Rights Commission of India.
K.C.Suresh
(Expert) 14 September 2008
Dear Vinod,
LCI publicshed an in files section the guidelines of NHRC for arrest on 16-8-2008. Please go through it. How ever for your immediate referrence some detils are given here under.
ARREST
Ø As a rule use of force should be avoided while effecting arrest. However, in case of forcible resistance to arrest, minimum force to overcome such resistance may be used. However, care must be taken to ensure that injuries to the person being arrested, visible or otherwise, is avoided.
Ø The dignity of the person being arrested should be protected. Public display or parading of the person arrested should not be permitted at any cost.
Ø Searches of the person arrested must be done with due respect to the dignity of the person, without force or aggression and with care for the person's right to privacy. Searches of women should only be made by other women with strict regard to decency. (S.51(2) Cr.PC.)
Ø The use of handcuffs or leg chains should be avoided and if at all, it should be resorted to strictly in accordance with the law repeatedly explained and mandated in judgment of the Supreme Court in Prem Shanker Shukla v. Delhi Administration [(1980) 3 SCC 526] and Citizen for Democracy v. State of Assam[(1995) 3 SCC 743].
Ø As far as is practicable women police officers should be associated where the person or persons being arrested are women. The arrest of women between sunset and sunrise should be avoided.
Ø Where children or juveniles are sought to be arrested, no force or beatings should be administered under any circumstances. Police Officers, may for this purpose, associate respectable citizens so that the children or juveniles are not terrorised and minimal coercion is used.
Ø Where the arrest is without a warrant, the person arrested has to be immediately informed of the grounds of arrest in a language which he or she understands. Again, for this purpose, the police, if necessary may take the help of respectable citizens. These grounds must have already been recorded in writing in police records. The person arrested should be shown the written reasons as well and also given a copy on demand. (S.50(1) Cr.PC.)
Ø The arrested person can, on a request made by him or her, demand that a friend, relative or other person known to him be informed of the fact of his arrest and the place of his detention. The police should record in a register the name of the person so informed. [Joginder Kumar's case (supra)].
Ø If a person is arrested for a bailable offence, the police officer should inform him of his entilement to be released on bail so that he may arrange for sureties. (S.50(2) Cr.PC.)
Ø Apart from informing the person arrested of the above rights, the police should also inform him of his right to consult and be defended by a lawyer of his choice. He should also be informed that he is entitled to free legal aid at state expense [D.K. Basu's case (1997) 1 SCC].
Ø When the person arrested is brought to the police station, he should, if he makes a request in this regard, be given prompt medical assistance. He must be informed of this right. Where the police officer finds that the arrested person is in a condition where he is unable to make such request but is in need of medical help, he should promptly arrange for the same. This must also be recorded contemporaneously in a register. The female requesting for medical help should be examined only by a female registered medical practitioner. (S.53 Cr.PC.)
Ø Information regarding the arrest and the place of detention should be communicated by the police officer effecting the arrest without any delay to the police Control Room and District / State Headquarters. There must be a monitoring mechanism working round the clock.
Ø As soon as the person is arrested, police officer effecting the arrest shall make a mention of the existence or non-existence of any injury(s) on the person of the arrestee in the register of arrest. If any injuries are found on the person of the arreste
SANJAY DIXIT
(Expert) 14 September 2008
Well explained by Mr Suresh.
Safeguards to be taken while arresting women :--
1) While making arrest of a woman submission to custody should be presumed unless circumstances to the contrary exist. There should be no occasion for a male Police Officer to touch her person. It is therefore advisable whenever it is proposed to arrest a female, women police should be employed.
2) Arrest of women should as far as possible during night times be avoided unless it is inevitable.
3) When it is not possible to secure the services of women Police Officers, an officer of the rank of ASI or above should effect the arrests.
4) Bail may be granted where the offence for which the arrest is made is not of a serious nature. The SHO may exercise his discretion in non-bailable offences to release a woman arrestee on bail.
5) Whenever a woman is arrested, the services of women Police Officers should be utilized for guarding and escorting her. If women Police Officers are not available in the Police Station, one of the relations of the arrested woman, of her choice can be permitted to remain with her. When interrogation of the arrested woman is done by a male Police Officer the relation or woman Police Officer should be present. If a Woman Police Officer herself is conducting the interrogation, the presence of a woman relative may not be necessary.
