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Report No. 84

VI. Interrogation of Women-time of

3.21. Interrogation of women after sunset and before sunrise.-

The last few paragraphs were concerned with the place of interrogation of women. We should now deal with the time of interrogation. In the views expressed before us by a representative of one of the women's organisations, it was suggested that women, even when they are not the persons accused or victims of the offence and are merely witnesses to the crime, should not be interrogated by the police after sunset and before sunrise.

It seems to us that if the statutory provision for interrogating women at their residence,5 as proposed to be clarified by us,6 is properly and adequately implemented, there should be no need for a further and additional provision totally barring the interrogation of women after sunset and before sunrise. After all, the principal object sought to be achieved by such restrictions is to ensure that no opportunity arises for the molestation of women. That object is, in a large measure, achieved by the statutory provision referred to above.

1. Section 160(1), Proviso, Code of Criminal Procedure, 1973.

2. Raja Ram v. State of Haryana, (1971) 3 SCC 945 (949).

3. Cf. sections 162(1), 163, 171, Code of Criminal Procedure, 1973.

4. Consequential amendment to be made in the Schedule to the Code of Criminal Procedure, 1973, so as to provide that the proposed offence shall be cognisable, bailable and triable by any Magistrate.

5. Section 160(1), Proviso, Cr. P.C., 1973.

6. Para. 3.18, supra.

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