| 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 |
