Good To Know: Rights Of Women At Time Police Arrest

Sharon Singh

November 12th, 2019


The government plans to have an all-women police station in every city, but the lack of female police staff is still a major concern throughout the country. Several cases of harassment and manhandling go unnoticed when it comes to arresting a woman.

Even if the accused is women, her safety is the priority for the fair trails. In 2005 amendments to the Criminal Procedure Code, 1973 made a very significant point with regards to the safety of the woman.

According to Section 46(4) of the Criminal Procedure Code,1973 except in exceptional circumstances, “no woman can be arrested after sunset and before sunrise. If any exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose jurisdiction the offence is committed or the arrest is to be made.




Rights Of Women At Time Arrest

Right to be informed- According to Section 50(1) of the Criminal Procedure Code, 1973. (Cr.P.C) women hold the right to be informed on what grounds she is being arrested. It is the duty of the police officer who is arresting the women to inform the friends or relatives of the accused women as suggested by her.

Right to bail-  Section 50A of Cr.P.C. – Apart from non-bailable warrants, it’s the duty of the police officer to inform the accused about the possibility of bail. Women arrested must be taken before a magistrate or incharge of the police station in whose jurisdiction the crime has been committed. She can not be detained for more than twenty-four hours.

Right to consult the legal prosecutor- This right becomes effective from the very moment the arrest has been made.

Apart from the above women also hold the following rights:

  1. An only female police officer can search the accused woman, a male officer cannot search a female offender, however, he can search the woman’s house.
  2. Manhandling and handcuffing accused woman at the time of arrest is illegal.
  3. Also, she holds the right to be examined by a medical practitioner

The thought of being arrested would give goosebumps to anyone. Leave arrest, as a common man, we avoid police station in our lifetime. But our grievances takes us to the law and order enforcing machinery, the police. However, very few people know about their rights if arrested. As a woman, it becomes all the more important to know your rights.

Also Read: Good To Know: Rights Of Daughters-In-Law In India


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