ARREST OF WOMEN IN INDIA ‐ PROCEDURE AND RIGHTS BY MANVI SINGH @LEXCLIQ

In order to preserve the judicial machinery from the prevailing social Lacuna of patriarchal dominance and to promote the concept of gender equality, several substantive and procedural law of India have accorded certain privileges and consideration to women through their various provisions several status of Central and state legislation and precedents of Higher Court have given due significance to the betterment of women criminal law of India too be its procedural and substantive hire highly concerned with the safety,security,maintenance and welfare of women such law have laid down the special provisions that guaranteed the protection of law to womens for from several atrioties of criminal nature.Example: Under Section 5(2)  ,section 354D IPC makes the act of stalking a woman punishable offence etc.Through the law is concern towards women is many aspects it can’t under any circumstances let go free a woman accused to of committing an offence in order to secure the end of justice in accordance with Article 39A of the constitution which provides for the ideal of equal justice.

PROCEDURE OF ARREST OF A WOMAN 

Section(41‐60A) of the criminal procedure code 1973 provides for the arrest of person.Under this head the process of arrest has been dealt with in fair detail.

It has been held by the Madras High Court in the case of Roshan beevi v/s joint secretary government of Tamilnadu that, there cannot be a second opinion that the method and the execution of arrest of a person intended to be arrested should be performed only in manner prescribed in the statute and the other method of performance are Forbidden otherwise the whole provisions of section 46 CRPC.

If the method of arrest is not performed in the manner known to law and as prescribed under section 46 crpc it will render the section non-existent sec 46(4) CRPC  indicated by the virtue of section 6 of the criminal Amendment Act 2005 provided for the basic procedure regarding the arrest of a woman it reads as mentioned here under save in exceptional circumstances No Woman shall be arrested after sunset and before Sunrise 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 of the offence is committed or the arrest is to be made.

MEDICAL EXAMINATION OF AN ARRESTED WOMAN : 

According to Section 53(1)CrPC if there is a reasonable suspicion that the medical examination of an accused person shall aid in the procedurnent of evidence relevant to the offence committed the registered medical practitioner can carry out such examination at the request of a Police Officer not below the remark of Sub Inspector or any other person acting in good faith.

RIGHTS OF AN ARREST WOMEN

Women in this country have since immoral held a special status.Though accused of an offence the modesty of a woman cannot be put at Stake and stature in the society cannot be undermined.

SOME OF THOSE RIGHTS HAVE BEEN DISCUSSED HEREUNDER 

Article 39A of the Constitution of India provides for free Legal Aid to the person in the case of any person is incapable of bearing the expense of proceeding civil or criminal it shall be the responsibility of a state to provide that person with adequate legal assistance as it own expenses for proper representation in the court of law.

CONCLUSION 

Women in India have been subjected to various forms of discrimination since many year.The patriarchal of the society has time and again made efforts to undermine the Stature of women in the society in the wake of such a serious matter of gender inequality the concern of law towards the women class has garned positive outcomes by providing them various right and privileges that the based society fail to provide them the law has empowered the women to raise their voice against several atrocities and stand out effectively by the virtue of their skill and strengths.

WRITTEN BY MANVI SINGH…

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