Women and Procedure of Arrest
Criminal Laws, substantive and procedural, take into consideration the safety, security as well as welfare of women, guaranteeing the protection of law to women.
- Arrest must be made by a woman police officer. Unless the situation at the time of arrest goes beyond control, no person other than a female police officer shall touch the woman to be arrested.
- Not only grounds of arrest but right to be released on bail must also be informed.
- Under ordinary circumstances, a woman cannot be arrested after sunset and before sunrise. Although, if it is of utmost importance to apprehend the accused immediately during the time between sunset and sunrise, the woman police officer must obtain prior permission from the Judicial Magistrate. Any arrest made in violation of this would be illegal.
- When the search of the arrested female is necessary, it is to be carried out by another female with strict regard to decency.
- In cases where medical examination of the accused (female) is required, the examination must be conducted by or under the supervision of a registered female medical practitioner.
- A woman who is accused of an offence is entitled to exercise the right to free legal aid.