Laws related to arrest of women.

In cases of arrests, it is often seen that the police act arbitrarily. The main reason for this is that people are not aware of their rights and the law. Today through this article I am giving you information about the major laws related to the arrest of women as well as some general laws related to arrest So that you can become an aware and responsible citizen and you have the correct information about the law which you can use when needed.

According to Section 46(1) of the CrPC, no woman shall be arrested unless the circumstances require, unless she has been given oral information and surrenders, unless the police officer is a woman. Then the woman will not be arrested and no male police officer can touch the body of a woman. It is mandatory to have female police at the time of arrest.

Section 46(4) of the CrPC provides that the police cannot arrest any woman after sunset and before sunrise except under exceptional circumstances.

According to section 51 of CrPC, when it is necessary to search a woman, such search can be done only by a woman while taking full care of decency.

According to Section 53(2) of the CrPC, where the physical examination of a woman is to be conducted, such examination shall be conducted only by or under the supervision of a registered female medical practitioner.

Common law of arrest

According to Section 41B of CRPS, the arresting police officer should be in police uniform and his name plate etc. should be clearly visible so that he can be easily identified. The police officer has to prepare an arrest memo on the spot, which must have the signature of the person being arrested and at least one witness. Who may be a family member of the person being arrested or a resident of the area where the arrest is made or a prominent person. The police officer shall inform the arrested person of his arrest to his relative or friend or to a person named by him as per his wish.

According to section 41D of CrPC, when a person is arrested and interrogated by the police, the arrested person shall be entitled to meet an advocate of his choice during the interrogation but not during the entire interrogation.

According to Section 50(1) of the CrPC, at the time of arrest, a person shall be informed of the reasons for arrest.

According to Section 50(A)(1) of the CrPC, information about the arrest shall be given to the family of the arrested person or to any person of his choice.

As per Section 54(1) of the CrPC, the arrested person shall be immediately subjected to medical examination

According to section 55A of CrPC, the police will have to take care of the health and safety of the arrested person

According to section 57 of CrPC, police cannot keep any person in custody for more than 24 hours without the permission of the magistrate

Advocate Aftab Fazil
Chamber No. D-715, D-Block, Karkardooma Court, Delhi
Mobile No. 9971943882,9015181526