Report No. 135

1.2. Question for consideration.-

The letter of reference quoted above contemplates the consideration of two issues, one of which is of a limited character (mobile courts), while the other is of a more general nature. The question of creation of separate court for women under-trial is one which concerns the organisation of the courts and administrative matters. The request made for a critical assessment of various legislations regarding women in custody and their criminality would involve an examination of provisions scattered in several statutes, which are concerned with women in custody, including women in institutions dealing with mentally ill persons. It would seem that examination of these statutory provisions will involve a study of the following enactments:-

(a) The Code of Criminal procedure, 1973 in so far as it contains any provisions concerned with women in custody.

(b) Indian Penal Code, in so far as it deals with sexual offences against women in custody.

(c) The Code of Civil Procedure, 1908 provisions regarding women in custody.

(d) The Probation of Offenders Act, 1958 in so far as its provisions are silent as regards any special consideration to be given to women first offenders.

(e) Provisions in any other law on a matter within the Union List or the Concurrent List, which are especially concerned with the arrest and detention of women.