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Report No. 135

Women in Custody

Contents
Chapter I Introductory
1.1. Genesis and scope
2. Question for consideration
3. Method adopted
Chapter II Code of Criminal Procedure: Provisions Concerned with Women in Custody - Deficiencies Identified and Recommendations Formulated
1. Safeguards in the Code
2. Section 46, Cr. P.C., 1973: Arrest
3. Time of arrest
4. Sections 53 and 54, Cr. P.C., 1973: Medical examination
5. Section 54, Cr. P.C., 1973, to be amended
6. Section 54, Cr. P.C., 1973: Medical examination by a woman doctor
7. U.P. Amendment
8. Intimation of rights
9. Section 160, Code of Criminal Procedure, 1973
10. Section 160(1), proviso, Cr. P.C., 1973: Examination at the residence
11. Section 160(1), Cr. P.C., 1973: Association of women social workers
12. Violation of section 150, Cr. P.C. and proposed section 166A, I.P.C
13. Section 416, Code of Criminal Procedure, 1973: Capital sentence on a pregnant woman
14. Detention in women's institutions: section 417A, Cr. P.C., 1973 (proposed)
15. Section 432, Cr. P.C., 1973
16. Section 433A, Cr. P.C
17. Position of women prisoners
18. Point for consideration
19. Recommendations as to section 433A, Cr. P.C.
20. Reduction of life imprisonment - Section 432, Cr. P.C.
21. Grant of bail to women - Section 437, Cr. P.C
22. Present section
23. Recommendation
24. Pregnant woman: suspension of sentence of imprisonment
25. Treatment of female prisoners
26. Specific proposals regarding female prisoners: power to be given to High Court
27. Medical examination
28. Transit of female prisoners
29. Place of Detention
30. Inspection of jails
31. Jail visitors
32. Scope of the provisions regarding female prisoners: Definition
33. Role of courts in regard to prisoners
Chapter III Indian Penal Code: Sexual Abuse of Women in Custody
3.1. Sexual abuse and the Indian Penal Code
2. Custodial rape
3. Custodial Sexual abuse
4. Present position adequate
Chapter IV The Code of Civil Procedure, 1908 and Women in Custody
4.1. Arrest under the Code
2. Arrest of women otherwise than in execution
3,4. Arrest in execution
Chapter V Probation of Offenders Act, 1958
5.1. The Probation of Offenders Act, 1958
2. Section 3: release on admonition
3. Section 4: release on probation of good conduct
4. Section 6: offenders under 21 years of age
5. Sections 21 and 22, Juvenile justice Act, 1986
6,7. Inter-relationship of section 6 with other sections of the Probation Act
8. Suggested amendment of section 3, Probation of Offenders Act
9. Suggested amendment of section 4(1), Probation Act
10. Section 360, Code of Criminal Procedure, 1973
11. Juvenile Justice Act
Chapter VI Mental Health Act, 1987
6.1. Women prisoners and the Mental Health Act, 1987
2. Admission to mental institutions
3. Keeping in detention
4. Mentally ill persons
5. Visitors: section 37
6. Recommendation regarding section 37
7. Section 81, Mental Health Act: Indignity to be avoided
8. Section 81, Mental Health Act, 1987
9. Penalty for violation of section 81
10. Amendment of section 85, Mental Health Act, recommended
11. International developments
Chapter VII Other Laws Relating to Women in Custody
7.1. Other enactments
2. Preventive detention
3 De-criminalisation and allied objectives
4. Objectives to be kept in mind
Chapter VIII Mobile Courts
8.1. Mobile Court
2. Some practical aspects noted
3. Another complex problem must be visualized and tackled
4. Small number of women prisoners
5. Reduction of number of women prisoners
Chapter IX Position Regarding Prisons
9.1. Constitutional position
2. Matters within the competence of States
Chapter X Conclusions and Recommendations
Conclusions and Recommendations
Substance of Recommendations in a nutshell
The following concrete protective measures are recommended as regards female prisoners
Appendix I Recommendations in the form of Draft Amendments in Various Enactments
Chapter XXXIIIA Specific Provisions as to Arrest, Interrogation and Custody of Women and Children
Recommendation I
450A. Application of the Chapter
450B. Arrest of women
450C. Medical Examination of women
450D. Women and children attending for investigation
450E. Admonition and probation under the Code
450F. Period of detention of women sentenced to imprisonment for life
450G. Pregnant woman and suspension of imprisonment
450H. Female prisoners
450I. Medical examination
450J. Transit
450K. Place of detention
450L. Inspection of jails
450M. Appointment of Jail Visitors
450N. Definitions
Recommendation II
Recommendation III
Recommendation IV
Recommendation V
Appendix II List of Some Recent Rulings Concerning Prisoners


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