Report No. 135
Substance of Recommendations in a nutshell:-
(1) In the event of a woman being required to be arrested, the police officer concerned shall not actually touch the person of the woman and may presume her submission to custody. - This recommendation is being made in order that the dignity of the concerned woman is maintained.
(2) Ordinarily, no woman shall be arrested after sunset and before sunrise. In exceptional cases calling for arrest during these hours,-(i) the prior permission of the immediate superior officer shall be obtained, or (ii) if the case is of extreme urgency, then after arrest a report with reasons shall be made to the immediate superior officer and to the Magistrate.
(3) Whenever a woman is medically examined, the examination shall be conducted only under the supervision of a female registered medical practitioner, with strict regard to decency.
(4) The concerned woman shall be inferred about her right to be medically examined, in order to bring on record any facts which may show that an offence against her has been committed after her arrest.
(5) A copy of the report of the medical examination shall be furnished to the woman.
(6) A woman shall not, under section 160, Cr. P.C., be required to attend for interrogation at any place other than her dwelling house, and section 160 of the Code should be amended for the purpose.
(7) When the statement of a woman is recorded during investigation, a relative or friend of the woman or an authorised representative of an organisation interested in the welfare of women shall be allowed to remain present.
(8) Where a woman is convicted of an offence to which section 360, Cr. P.C. applies, whilst exercising the power of the court to release the offender on probation or on due admonition, etc., as exercisable under that section, clue regard should be paid to the fact that the offender is a woman.
(9) The prohibition imposed by section 433A, Cr. P.C. on the reduction (by the Government) of the period of imprisonment (of offenders sentenced to imprisonment for life) below a minimum period of 14 years should not apply to a woman.
(10) Where a pregnant woman is sentenced to imprisonment (whether for life or for a specified term), the court should have power to direct that execution of the sentence be suspended till termination of the pregnancy and a specified period thereafter, subject to certain conditions.
(11) The High Court on its administrative side should have power to direct the District end Sessions Judges to satisfy themselves that female prisoners are protected and properly looked after, in accordance with the provisions that we are recommending in this regard.
For ensuring compliance therewith, the High Court should have power to take appropriate measures to move the State Government.