New Delhi :– When and how will a woman be arrested? What should be the duties of the police authority to arrest women, under what circumstances a woman cannot be arrested, you will find answers to these questions in this article.
When to arrest a woman, to implement these points, provisions have been given in the law for the arrest of a woman.
The Code of Criminal Procedure Chapter 5 deals with arrest. Police officers and magistrates have been empowered to arrest a person. In some circumstances, a private person can also arrest a person.
Arrest can be made without warrant or warrant. A man can be arrested at any time, but a woman cannot be arrested after sunset and before sunrise, due to which the accused take undue advantage of it in some cases. Or in some circumstances the police also make unreasonable arrests.
Woman’s arrest and timing
Section 46 of the Code of Criminal Procedure, while reinstating Sections 3 and 4, it was provided in the Code that except in some exceptional circumstances, no woman shall be arrested after sunset and before sunrise.
A woman police officer having territorial jurisdiction shall take permission in writing from such first class judicial magistrate under whose jurisdiction the case of crime has taken place, giving reasons in writing that the arrest of the offender is appropriate.
Can a woman be arrested by a male police officer?
A woman cannot be arrested by a male officer under normal circumstances, but a woman can be arrested if the circumstances are unreasonable.
The matter related to this exceptional circumstance took place in Noida, the facts of which are as follows
In the case of Rajkumari Vs SHO Noida 2003 SC the Supreme Court held that even a male person can arrest a woman during the day due to necessary circumstances.
In this case, the petitioner Rajkumari said that she was arrested at 1:30 in the night, while the jurisdictional filed an affidavit in the court and told the court that the princess was arrested at 5:30, the petitioner had to prove the statement. There was no conclusive evidence for the arrest of the jurisdictional officer.