Report No. 84
V. Interrogation of Women at The Place of Residence
3.16. Section 160(1), Proviso, Cr. P.C.-
There is another aspect of investigation which is in need of reform. Under section 160(1) of the Code of Criminal Procedure, 1973 a police officer making an investigation under Chapter 14 of the Code may, by order in writing, require, the attendance before himself of any person "being within the limits of his own or any adjoining station" (for the purposes of investigation). The proviso to this sub-section provides that "no male person under the age of fifteen or woman shall be required to attend at any place other than the place in which such male person or woman resides".
The proviso has been taken over by the present Code from the earlier Code of 1898. In that Code, it was inserted by an amending Act of 1955 in response to the observations made in a number of earlier judicial decisions, suggesting that women should not ordinarily be called to the police station.1
1. Compare the observations made in Halder v. Sub-Inspector of Police, 9 CWN 199 (201), 1st Column. See also (1905) 2 Cr LJ 51 (53).