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Report No. 135

Chapter VII

Other Laws Relating to Women in Custody

7.1. Other enactments.-

The main enactments relating to women in custody have been dealt with, in the preceding chapters. These chapters cover the two procedural codes, provisions of the law of corrections and the general substantive criminal law, as also the Mental Health Act. A woman can be arrested and detained in custody for an offence under a special or local law also. But, so far as we can see, such special or local laws would not be directly relevant to the problems of possible malpractices concerning women in custody, in the sense of raising any issues peculiar to women.

In any case, if an offence under a substantive law, whether general or special, has been committed by a woman, the procedural machinery which comes thereafter into operation, in the shape of arrest matters, would generally be that contained in the Code of Criminal Procedure of 1973, on which we have already made necessary recommendations.1

1. Chapter II, supra.

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