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Report No. 152

5.11. Judgment in Sheela Barse's case1.-

At this stage, we may also make a reference to an earlier Supreme Court judgment in Sheela Barse's case wherein certain guidelines were laid down, both regarding arrest generally and regarding the arrest of women. The relevant guidelines are as under:

"(1) Four or five police lock-ups should be selected in the reasonably good localities where only female suspects should be kept and they should be guarded by female constables.

(2) Female suspects should not be kept in a police lock-ups in which male suspects are detained.

(3) Interrogation of female suspects should be carried out only in the presence of female police officers/constables.

(4) Whenever a suspect is arrested by the police and taken to the police lock-ups, the police will immediately give intimation of the fact to the nearest legal aid committee.

(5) Surprise visits to the police lock-ups in the city should periodically be made with a view to providing arrested person an opportunity to hear their grievances and ascertain the conditions of police lock-ups.

(6) As soon as a person is arrested, the police must immediately obtain from him/her the name of any relative or friend who he/she would like to be informed about his/her arrest and the police should get in touch with such relative or friend and inform him about the arrest.

(7) The Magistrate before whom an arrested person is produced shall enquire from the arrested person whether he has any complaint of torture or maltreatment in police custody."

1. Sheela Barse v. State of Maharashtra, AIR 1983 SC 378.



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