Women‘s Rights During Arrest in India

What is an arrest?

Within the tiresome path of the criminal justice process, the inaugural stage unfolds with the act of arrest. This critical juncture involves the curtailment of an individual's freedom, enacted in the interest of public safety. Arrests safeguard the individual from potential harm by the public. The main goal is to bring the person before the court for a fair trial. Police usually arrest a suspect to fulfill this purpose. It's important to understand the legal implications, so seeking advice from professionals is recommended.

What is the procedure of arrest?

Depending upon the kind of offense, an arrest can be made with or without a warrant

An arrest can be made at any time after the issuance of a warrant of arrest. The individual/police making an arrest can touch or “ confine” the body of the arrestee, if such person does not himself/herself submit to the custody through his/her words or action. Resisting an arrest is also a crime in India and such a person can be charged with a misdemeanor along with the charges of the alleged crime for which he/she is charged. However, if a person's name has been mentioned in an FIR , the police are required to conduct a preliminary investigation and then arrest that individual. It is important that the police wear a clear identification of his/her name.

Necessity of rights of an arrested woman

Not only women but several rights have also been granted to both men and women who are arrested. These rights ensure that the basic human rights enshrined in the Constitution of India are not violated and thus protected. Even during the arrest of a woman, it is her safety that at the top of priorities for a fair trial. The amendment of 2005 in the Criminal Procedure Code ensured the well-being of female accused for a just legal process. It has been realized time and again that a woman is more prone to sexual harassment and assault. Here the emphasis is given to protect women while making an arrest. Protection is given so that Police misdeeds can be prevented. Rights such as women can be arrested only during the day and not during the night, have been given in order to safeguard women from sexual crimes.

Rights of an arrested woman

A woman who is being arrested for an offense has the following rights (Women's Rights)

1. Section 46 sub-section (4) of the Criminal Procedure Code, 1973 states that the arrest of women, except in rare situations, women cannot be arrested between sunset and sunrise. In cases of exceptional circumstances, a female police officer must get a prior permission from the Judicial Magistrate of the first class, whose jurisdiction covers the offense or arrest location, by submitting a written report.

2. Right to be informed of grounds of arrest which have been made. Section 50(1) of Criminal Procedure Code , 1973. (Cr. P.C)

3. Right to inform the relatives/ friends & ndash Police officer making an arrest has to immediately give the information regarding such arrest and the place where the arrested person is being held to any of his/her friends, relatives, or such other persons as may be disclosed or nominated by the arrested person. Section 50A of Cr.P.C .

4. It is also the duty of the police officer to inform the person arrested of his/her rights.

5. Right to be informed of the right to bail. Section 50(2) of Cr.P.C.

6. Right to be produced before a magistrate without delay & ndash It is illegal to keep a person in detention for more than 24 hours without the orders of the Magistrate. Section 56 of Cr.P.C .

7. Right of not being detained for more than twenty-four hours. Section 76 of Cr.P.C .

8. Right to consult a legal practitioner & ndash This right begins from the moment the arrest is made.

9. Manhandling and Handcuffing & ndash It is illegal to manhandle a person at the time of the arrest.

10. Search of arrested person & ndash Only female police can search another female. The search should be carried out in a decent manner.

11. A male police officer cannot search a female offender. He can however search a woman's house.

12. Also, there exists a right to be examined by a medical practitioner.

13. ?Arrested person has a right to legal aid and a fair trial.

If the police officer fails to abide by rules which are laid down while arresting a woman, she should immediately contact her lawyer. She should remind the police officer about her rights and his/her duties. Also, she can complain the same to the Station House Officer (SHO) in-charge. The complaint should be addressed to the Magistrate also so that he can take adequate action against the Police Officers involved. Also in such a case points should be made and the designation of officers and their names should be noted down to bring clarity to the problem faced by the woman. The offense committed by the accused cannot be simply declared void because the accused was mistreated but remuneration can be provided for the same.

Why you need a lawyer?

If you or someone you know is faced with an arrest, the first step, despite the charges or nature of the offense should be to engage the services of a criminal lawyer . With the numerous kinds & nature of offenses and the rights that flow along with such offenses, a lawyer's expertise will help ensure that the rights of the arrested person are protected at every step of the process of arrest and beyond. A criminal lawyer can help ensure that the protocol and law discussed above regarding arrest are followed by the police authorities properly and that no harm is caused to the arrested person. Only a lawyer can best advise on the course of action to be adopted upon arrest and ensure that the appropriate relief such as bail can be obtained at the earliest in the special circumstances of each case. Given the vast knowledge that the layman may not possess regarding the criminal justice system, a lawyer's guidance becomes extremely important during such sensitive situations.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

GET LEGAL HELP

GET LEGAL HELP

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

TALK TO A LAWYER