Provisions of appearance of woman before a police officer
14-Jan-2023 (In Criminal Law)
Whether appearance of a woman under sub sec 1 of sec 41 of CrPC shall also attract the provisions of Sec 160 of CrPC where a Police officer can not ask a women to appear in a police station ?
According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise. There are many cases of women being harassed by the police at wee hours, but all this can be avoided if you exercise the right of being present in the police station only during 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 requires to get it in writing from the magistrate explaining why the arrest is necessary during the night,
These two section are states difference things. Section 41 Cr. P.C. is for when Police may arrest without warrant. Here Sec.41(1) states any Police officer may, without an order from a Magistrate and without a warrant arrest any person, first who commits a cognizable offence; secondly against whom a reasonable complaint has been made or a reasonable suspicious exists that he has committed a cognizable offence punishable may be less then 7 years or may extent to 7 years, etc.. On the other hand, Sec.160 Cr. P.C. is for the stage of Investigation. Here in the under Sub-Sec 1 Police Officer require the attendance before himself of any person for ask for information relating to any Case. provided that, no male person under the age of 15 years or above the age of 65 years of a Woman or a mentally or physically disable person shall be required to attend at any place other than the place in which such male person or woman resides.
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