Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sahil K   11 October 2021

women taken in police van from society after 6pm

Can police officer have right to take women in police vehicle that is after 6pm in the presense of lady constable in front of all society just for enquiiry bcs she had abusive fight with neighbour and they filled NC.?


 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 October 2021

Right to not being called to the police station
Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation. “The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends,” says Abeed. So, the next time you’re called to the police station for queries or interrogation when you have faced any kind of harassment, quote this guideline of the Supreme Court to exercise your right and remind the cops about it.

Sahil K   11 October 2021

Thank you vermy much for your guidance.

Ananya Gosain   12 October 2021

Dear Sir,

Additionally, I would like to tell you a woman cannot be arrested after sunset and before sunrise. Sub-section (4) to Section 46 of the Code or Section 6 of the Code Of Criminal Procedure (Amendment) Act, 2005 prohibits arrest of a woman after sunset and before sunrise except in unavoidable circumstances. She can exercise the right of being present in the police station only during the daytime. Even if there is a woman constable accompanying the officers, the police can’t arrest a woman at night. In case the woman has committed a serious crime, the police require to get it in writing from the magistrate explaining why the arrest is necessary during the night. Your case doesn't seem like a serious crime. 

Hope this helps 

Regards 

1 Like

Sahil K   12 October 2021

Thanks for the support

minakshi bindhani   13 October 2021

As per your illustrated query!

According to section 46(4) Code of Criminal Procedure, 1973, no woman shall be arrested after sunset and before sunrise and where such exceptional circumstances exist, the women police officer shall by making a written report, obtain the prior permission of the judicial magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

In the case of Sheela Barse vs. the State of Maharashtra(1983) prescribed certain guidelines while arresting a woman.

First, the Police Officer is duty bound while arresting to see that arrested females are segregated from men and kept in female lock-up in the Police Station. He/she must also make sure that if there is no separate lockup; women are kept in a separate room. Also, Women Police Officers should be associated where females are being arrested.
 

Second, the cops arresting women must avoid the time between sunset and sunrise; this guideline was issued after several instances of s*xual and physical exploitation in Police Stations by the cops themselves.
 

Third, according to the guideline women and girls should not be called to the Police Station or any place other than their place of residence for questioning. Also, while the inquiry is being done, the time must be chosen the arrestee is not embarrassed.
 

Fourth, in cases where medical examination of the arrestee or any other woman has to be done, it should be carried out only under the supervision of female medical practitioners. Also, the arrestee should be given all necessary pre-natal and post-natal care.
 

Fifth, the cops must avoid arresting pregnant women and choose the option only if there is no other option as it’s not just the matter of the arrested woman but also the safety of the foetus which could get damaged in hustle-bustle. Also, labouring women must never be restrained.

Hence, A woman cannot be arrested after sunset and before sunrise, except in an exceptional case on the orders of a Judicial Magistrate First Class.

Hope it is helpful!
Regards
Minakshi Bindhani

Sahil K   14 October 2021

Thanks Minakshi ji for educating us understanding our legal rights
1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query