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Report No. 84

III. Detention of Women

3.9. Section 417A, Cr. P.C. (Proposed)-Detention in women's institutions.-

There are certain matters concerned with detention of women which require discussion. Where a woman is arrested and there are no suitable arrangements in the locality for keeping her in custody in a place of detention exclusively meant for women, it is, in our view desirable to send her to an institution established and maintained for the reception, care, protection and welfare of women or children, licensed under the Women's and Children's Institutions (Licensing) Act, 1956 or an institution recognised by the State Government.

In cases where any special Act (such as the Suppression of Immoral Traffic in Women and Girls Act, 1956) requires that she should be sent to a protective home or other place of detention authorised for the purposes of such special Act, this will not apply. It is desirable that the law should be amended for the purpose by inserting a new section-say, section 417A-in the Code of Criminal Procedure. The following is a very rough draft:-

"417A. Where a woman is arrested and there are no suitable arrangements in the locality for keeping her in custody in a place of detention exclusively meant for women, she shall be sent to an institution established and maintained for the reception, care, protection and welfare of women or children, licensed under the Women's and Children's Institutions (Licensing) Act, 1956 or an institution recognised by the State Government, except in cases where any special law requires that she should he sent to a protective home or other place of detention authorised for the purposes of such special law."



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