Be prepared when the cops decide to give a call

As per law, women can be questioned at home, and do NOT NECESSARILY have to go to the police station

Published - July 24, 2014 02:13 am IST

Most people feel uncomfortable at the thought of going to a police station, even if for a simple enquiry.

But did you know that women can stay at home and field questions from the police?

Section 160 of the Code of Criminal Procedure (CrPC) states that ‘no male person under the age of 15, and no woman shall be required to attend any place other than the place where they reside’, when the police wish to record their statements.

However, in most cases, the norm is not practical, say legal experts. If the woman has to visit a police station, it is advisable to take along a lawyer, say experts. There are various other norms to be followed while arresting or interrogating a woman.

A woman cannot be arrested after sunset or before sunrise. “This is to avoid harassment of women. If the woman has committed a serious crime and has to be arrested at night, the police should get permission from the magistrate and send her to jail immediately. Woman police personnel should also be present during the arrest,” points out D. Prasanna, former president of Madras High Court Women Lawyers Association.

The recent death of a murder suspect inside the Kodungaiyur police station is the second such incident this year.

In the other instance, a teenager suspect was shot at by a police officer inside the Neelankarai police station. However, the boy survived.

The Kodungaiyur case, now being probed by a magistrate, kicked up quite a storm. Senior police officers then attempted to sensitise their subordinates dealing with various kinds of offenders, including those involved in murder cases.

While some argue that hardcore criminals must be dealt with an iron fist, voices of human rights activists are getting louder.

The National Crime Records Bureau statistics for 2013 point out that Tamil Nadu ranks second in the country in custodial deaths.

In the wake of the Kodungaiyur death, police personnel are exercising more caution. They have been pressed to check on the health condition of suspects detained in connection with crime cases.

With third-degree treatment often the norm in police interrogation, policemen say that sometimes ‘unfortunate incidents’ do take place.

Policemen involved in cases of custodial deaths are often suspended from service and faced with other departmental action.

A magisterial enquiry is carried out into the death as per Section 176 of CrPC. But human rights activists and relatives of the deceased argue that those responsible for the deaths are rarely charge-sheeted.

(Reporting by Vivek Narayanan and Petlee Peter)

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