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Report No. 154

2. Arrest of women

(1) Where a woman is to be arrested under this code, then unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed, and unless the circumstances otherwise require or unless the police officer arresting is a female, the police officer shall not actually touch the person of the woman for making her arrest.

(2) Except in unavoidable circumstances, no woman shall be arrested after sunset and before sunrise, and where such unavoidable circumstances exist the police officer making the arrest shall, by making a written report, obtain, the prior permission of the immediate superior officer not below the rank of an Inspector for effecting such arrest or, if the case is one of the extreme urgency, shall, after making the arrest, forthwith report the matter in writing to his such immediate superior officer, with the reasons for arrest and the reasons for not taking prior permission as aforesaid and shall also make a similar report to Magistrate within whose legal jurisdiction the arrest has been made.

The Code of Criminal Procedure, 1973 Back

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