This regarding the rights of a arrested women

1. ARTICLE: RIGHTS OF ARRESTED WOMEN (ARTICLE22):
ARTICLE 22 OF THE INDIAN CONSTITUTION PROVIDES AN
ARTICLE IN PART III AS THE FUNDAMENTAL RIGHTS WHICH IS
CLUBBED UNDER THE SUB-HEADING AS RIGHT TO FREEDOM.
THE MATTER OF THIS ARTICLE REVOLVES AROUND PERSONAL
LIBERTY. THE ARTICLE PROCEEDS FURTHER GUARANTEEING
RIGHTS TO ARRESTED PERSONS. SUCH RIGHTS BEING GIVEN
BY INDIAN CONSTITUTION ARE OF HIGHER STATUS COMPARED
TO THE RIGHTS CONFERRED BY ORDINARY LAW.THE INDIA’S
CONSTITUTION GUARANTEES ITS CITIZENS FUNDAMENTAL
RIGHTS INCLUDING OF FREEDOM; HOWEVER, THIS RIGHT IS
CURTAILED WHEN THE CITIZEN, EVEN NON-CITIZEN COMMITS
A CRIME THAT ASKS THE LAW ENFORCEMENT BODIES TO
DETAIN, ARREST OR TAKE THE PERSON TO CUSTODY .OUR
CONSTITUTION AS WELL AS LAWS PROVIDES US WITH A
NUMBER OF RIGHTS, EVEN WHEN ONE IS ARRESTED IN
CRIMINAL CASES. IT IS VITAL FOR US TO KNOW THE EVENTS
UNDER WHICH ONE CAN BE TAKEN INTO CUSTODY FOLLOWED
BY THE RIGHTS DURING AND AFTER 6AM AND 6PM.
.

2. WHO CAN MAKE AN ARREST?
An arrest is done by a police officer with or without a warrant which
highly depends on the nature, gravity of the offence. Sec 43,( Cr.P.C)-
An arrest can be done by a private person who in the presence of
him commits a non-bailable and cognizable offence, has been
declared a proclaimed offender under law.

3. WHOWHO CAN BE ARRESTED WITHOUT A WARRANT?
A person involving in a cognizable offence or someone who is a suspect or against
whom complaint is made, or someone declared proclaimed offender,someone who
possesses stolen propert5ys,someone who escsaped or made an attempt to escape
from police custody etc.
The criminal justice system deals with its citizen at various stages . Arrest being its
first stage, where freedom of the person is curtailed for safeguarding the interest of
the public. There are different reasons for arresting a person. At times an arrest is
for saving the person from the retaliatory assault by the public while sometimes it is
for preventing the person from commitment of a further crimeLastly, an arrest helps
the person to be presented before the court for trial.An arrest warrant can be issued
against a man as well as a woman.
Even at the time of an arrest,when the concerned accused is a Woman,the safety of
the woman is the prior priority for the fair trial of the accused ,for ensuring there
has been an amendment made in 2005 to the Criminal Procedure Code, 1973
mentioning an important point relating to women’s safety.
Section 46(4) which governs the arrest of women, particularly mentions that “unless
there arises an exceptional circumstance, no woman can be arrested before and after
sunset, exceptional circumstances, no woman can be arrested after sunset and before
sunrise, during the prevail of such exceptional circumstances a female constable
shall by a writing report, must have secured consent of the Judicial Magistrate
belonging to first class falling in the local jurisdiction where the offence had been
committed or the arrest that has to be made.

4.  In Sheela Barse vs St. of Maharastra, it was conclude that it is the prior
duty of the police officers to ensure thgat the females are segregated from
the males in a lock –up, while making an arrest and where there is no
separate lock-up,the women arrestee ought to be kept in a room separate
from men. Also, Sec160(1) of Cr.P.c, 1973, the woman arrestee should
noty be called to the police station or any other place except their
residence.
Also, thanks to a lot of incidence of violence and torture where there were
various events where women in India where going through a lot of issues
while being detained or arrested.There were a lot of cases related sexual
harassment and exploitations which ultimately had forced the Supreme
Court and the legislators of the country to come up with certain
guidelines for arrest particularly for women.Women are prone to
exploitation almost anywhere and everywhere and to prevent the misdeeds
of the Police. There are various ambiguities for this insertion, the most
significant being a male officer arresting during the day time. Although a
lot of efforts have been made by the Supreme Court in coming out clean in
this situation but a lot more has to be done.

5. Thefollowingaretherightsgrantedtoa womanduringarrest:

A woman has the utmost right to information regarding the
grounds on which she has been arrested.. Section 50(1) of
Cr.P.c 1973
She has the right to inform her friends and relatives about
the arrest,and the police in charge is bound to disclose the
informations related to arrest, the place of arrest and being
held ,etc to her relatives or friends as per Sec 50A( Cr.P.C.)
The police in charge should also inform the arrested person
about her rights.
She should be informed about the right to bail also it is
noteworthy to mention that on case of non-bailable offences,
a woman or a minor can still plead for a bail. Sec 50(2)
|(Cr.P.C.)

6.  A woman has the right of being produced before the
magistrate without any delay – It is not legal to put an
individual in detention for a period of more than 24 hours
without prior orders from the Magistrate. Sec 56(Cr.P.C)
6.A woman has the right of not being detained for the
time duration of not more than twenty-four hours. Sec76(
Cr.P.C.)
7.A woman has the right to consult to a legal practitioner
of her choice. Also manhandling and handcuffing is illegal.
8.The search for the woman to be arrested can only and
exclusively be done by a female police officer. And that too
in a manner which is very decent also the arrested woman

7.  should be kept in female lock ups which is separated from men. No
male police officer can be made to search for a female offender.
 9.A woman has the right of being examined by a female medical
practitioners accompanied by pre-natal and post-natal care. As per
Sec 53(2) of Cr.P.c and according to the 10 Basic Standards for Law
Enforcement Officials proposed by Amnesty International.
 10.A woman has the right to legal aid and a fair trial.

 11. The arrest of female should be avoided during the time which is
before 61m and after 6pm. In order to protect the women from being
sexually and physically exploited by the cops.
 12. A woman shall only be called to the place where they reside and
not anywhere else for the questioning and also the time for inquiry
shall be chosen by the arestee.

8.  13.Lastly,,the arrest of pregnant women must be avoided,it should
been chosen as a last resort ensuring the safety of the foetus
 . A female arrestee when arrested for non-bailable offence, despite
the offence being serious (death penalty), court can release her on
bail. —(Sec.437, Cr. P.C)

 should be kept in female lock ups which is separated from men. No
male police officer can be made to search for a female offender.
 9.A woman has the right of being examined by a female medical
practitioners accompanied by pre-natal and post-natal care. As per
Sec 53(2) of Cr.P.c and according to the 10 Basic Standards for Law
Enforcement Officials proposed by Amnesty International.
 10.A woman has the right to legal aid and a fair trial.


9.  11. The arrest of female should be avoided during the time which is
before 61m and after 6pm. In order to protect the women from being
sexually and physically exploited by the cops.
 12. A woman shall only be called to the place where they reside and
not anywhere else for the questioning and also the time for inquiry
shall be chosen by the arestee.

 13.Lastly,,the arrest of pregnant women must be avoided,it should
been chosen as a last resort ensuring the safety of the foetus
 . A female arrestee when arrested for non-bailable offence, despite
the offence being serious (death penalty), court can release her on
bail. —(Sec.437, Cr. P.C)


10.  . A female arrestee when arrested for non-bailable offence, despite
the offence being serious (death penalty), court can release her on
bail. —(Sec.437, Cr. P.C)


 In case the police officer fails in abiding by such rules specified
above while arresting a woman, a woman must instantly contact a
lawyer of her choice. She can also make a complaint to the Station
House Officer ,in-charge of the Police Station.
 Also the complaint must be addressed to the Magistrate in order to
take actions against the Police Officers who were involved ,along
with it compensation should be paid.