Women And Police - Know Your Rights.

Nowadays, when women need to be protected and their interests safeguarded the first step is to make them aware of legal rights of women in India. Even mere awareness of these rights increases the confidence manifold and helps in reduction of exploitation. I write this as being a lawyer I see many of them unaware, confused or misled about their rights, about what is truly theirs. I am going to make it really simple so that you don’t have to refer to the ‘Law Lexicon’ very often.

There are two situations that you might find yourselves in. Either you will be the Accused or the Complainant.

Incase you are the accused there are a few things you need to know:

1. Person arrested has to be informed of grounds of arrest and right of bail which has been made. (Section 50 of Criminal Procedure Code,1973. Hereinafter referred to as ‘Cr. P.C.’)

2. Right to inform the relatives/ friends – Police officer making arrest has to immediately give the information regarding such arrest and the place where the arrested person is being held to any of his/her friends, relatives or such other persons as may be disclosed or nominated by the arrested person. (Section 50A of Cr.P.C.)

3. Right to be informed of right to bail. (Section 50(2) of Cr.P.C.)

4. Right to be produced before a magistrate without delay – It is illegal to keep a person in detention for more than 24 hours without the orders of the Magistrate. The accused has to be presented before the concerned Magistrate who would then order Judicial Custody or Police Custody. (Section 56 of Cr.P.C.)

5. Right to consult a legal practitioner – This right begins from the moment the arrest is made.

6. Manhandling and Handcuffing – It is illegal to manhandle a person at the time of arrest. As per Section 49 of Cr. P.C. no more restraint than is necessary to prevent escape followed by DK Basu guidelines and Sunil Batra’s case and Prem Shankar Shukla’s case came into effect which stated that handcuffing is against the Constitution of India and only in exceptional cases where there is apprehension of escaping, extreme violent behavior or tendency to commit suicide can it be permitted.

7. Search of arrested person – Only a female police can search another female. The search should be carried out in a decent manner. A male police officer cannot search a female offender. He can however search a woman’s house.

8. The accused has a right to be examined by a medical practitioner.

9. No woman shall be arrested after sunset or before sunrise except with written permission of the Judicial Magistrate of the concerned jurisdiction. (Section 46 (4) Cr. P.C.)

Incase you are the Complainant please take note of the following :

1. Right to free aid -Whenever a rape is reported, the Police Station Incharge has to bring this to the notice of the Legal Services Authority. The legal body then arranges for a lawyer for the victim.

When a woman goes to the police station without being accompanied by a lawyer she is either quoted wrong, ignored or humiliated for her statements. She should be aware of the fact that she has a right to get the legal aid and that she should demand for it.

2. Right to Privacy-
 

• Women cannot be called to the police station for interrogation under section 160 of CrPC.  This law provides women the right of not being physically present at the police station for interrogation. The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends.
   
• A woman victim of rape has a right to record her statement in private - in front of the magistrate without being overheard by anyone else. She also has a freedom to record her statement with a lady constable or a police officer in person. Under section 164 of the Criminal Procedure Code, the police will have to give the privacy to the victim without stressing her in front of masses.

3. Delayed Complaints -In case of untimely registration of a complaint the Police cannot refuse to register an FIR even if a considerable period of time has elapsed since the incident of Rape/Molestation. If the police tells you that they can't lodge your FIR since you didn't report it earlier, do not concede. The Supreme Court has ruled that the police must register an FIR even if there has been a gap between the report and the occurrence of the incident.

4. Right to virtual complaints - According to the guidelines issued, a woman has the privilege of lodging a complaint via email or registered post. If, for some reason, a woman can't go to the police station, she can send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the Police Station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement.

5. Right to Zero FIR- As per the Sec 154 of Criminal procedure Code, every Police officer is law bound to register the First Information Report of any cognizable offence committed, irrespective of the jurisdiction in which the offence was committed. When a cognizable offence is reported, the police officer registering the case forthwith starts the investigation, if it is committed in his jurisdiction. In Case it is beyond jurisdiction the officer registers the FIR under number 00 and sends it to the police station, where the offence was committed for further investigation. Such FIR is called as zero FIR. It is for the convenience of the victim that instead of making the victim run from pillar to post, the police officer, where the victim approaches as per his convenience, the case is recorded and police officer sends it to the concerned police station.

6. Right to confidentiality- Under no circumstances can the identity of a rape victim be revealed. Neither the police nor media can make known the name of the victim in public.

Section 228-A of the Indian Penal Code makes the disclosure of a victim's identity a punishable offense. Printing or publishing the name or any matter which may make known the identity of a woman against whom an offense has been committed is punishable. This is done to prevent social victimization or ostracism of the victim of a sexual offense. Even while a judgment is in progress at the Court the name of the victim is not indicated, she is only described as 'victim' in the judgment.