08 ,October 2024
At some point in our lives, we have all heard the law that states, a woman cannot be arrested before sunrise and after sunset. Why should accused women must not be arrested after sunset and before sunrise? Preventing the lady who has been "accused" from becoming a "victim" is the solution. Therefore, ensuring the accused's safety even throughout the arrest process is crucial to ensuring a fair trial for her.
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Protecting the lady during her arrest is one of the legislature's main goals. Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 1973 and Section 46(4) (modified under Section 6) of the Bharatiya Nagarik Suraksha Sanhita (Amendment), 2005, establish the fundamental protocols for the arrest of women.
According to Section 46(4), no woman shall be arrested after dusk and before daybreak unless there are exceptional circumstances. When there are such extraordinary circumstances, the female police officer should request permission in writing from a first-class judicial magistrate in the region where the offense is being committed or an arrest is to be made.
Maintaining a woman's modesty is crucial, especially in cases where she faces accusations. As such, in addition to those rights expressly granted, detained women are also granted some basic rights.
Right to free legal aid
Article 39A of the Constitution guarantees the right to free legal help. This entitlement follows individuals who are unable to afford the costs of legal action, whether civil or criminal. The State will be obligated to pay for such person's appropriate legal counsel in a court of law by giving them sufficient legal help.
The Section 304 of the BNSS states that the State Legal Services Authorities is accountable for covering the costs of legal procedures, including translation, printing, and the fees of the assigned legal counsel. When a woman is charged with a crime, she has the right to take advantage of her free legal assistance and guarantee herself a fair trial.
Right to be informed regarding the grounds of arrest and bail
Section 50(1) of the BNSS grants the person who has been arrested the right to get information about the reason(s) for their arrest, and the police officer or other person carrying out the arrest is required to provide it to them. Moreover, as per the Section 50(2) of the BNSS, a accused woman arrested without a warrant for a crime other than one for which bail is not required must be advised of her entitlement to be released on bond when sureties have been arranged on her behalf.
Right against manhandling and handcuffing
When an accused woman is arrested, as per Section 46(1) of the BNSS, it is assumed that she has submitted to detention upon oral intimidation of arrest. Furthermore, unless there are extreme circumstances, only a female police officer shall touch an accused woman in order to carry out the arrest procedure.
Rights during detention
Under normal circumstances, a police officer is not allowed to hold an apprehended person for longer than 24 hours (not including travel time). As previously said, a woman who has been arrested should not be held in the same lockup as an arrested guy. Her custody arrangements should be handled with the utmost decorum.
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