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Which one of the following Sections of Cr.P.C., 1973 prohibits the male Police Officer from touching the person of a woman while making her arrest?
Question

Which one of the following Sections of Cr.P.C., 1973 prohibits the male Police Officer from touching the person of a woman while making her arrest?

A.

Proviso of Section 41(1)

B.

Proviso of Section 42(2)

C.

Proviso of Section 46(1)

D.

None of the above

Correct option is C


The correct answer is (c) Proviso of Section 46(1).
Explanation:
Proviso of Section 46(1), Cr.P.C., 1973: This provision explicitly states that while making the arrest of a woman, unless the circumstances indicate otherwise, the arrest must be made by a female police officer. Additionally, if a male police officer is involved, he is prohibited from touching the person of the woman except under exceptional circumstances and with due respect to her dignity.
Information Booster:
· Section 46, Cr.P.C., 1973: Outlines the procedure for arrests, specifying the manner in which arrests should be conducted to ensure the safety and dignity of individuals.
· Protection of Women's Dignity: This provision is in place to protect the dignity and privacy of women during the arrest process.
· Female Police Officers: The emphasis on having female police officers conduct the arrest underscores the importance of gender-sensitive policing.
· Exceptional Circumstances: The law allows for exceptions only in urgent situations where the immediate presence of a female officer is not possible, but the dignity of the woman must still be maintained.
Additional Information:
· Proviso of Section 41(1): Deals with the power of police to arrest without a warrant, but does not specifically address the issue of touching a woman during the arrest.
· Proviso of Section 42(2): Relates to arrest on refusal to give name and residence, but does not include specific provisions about the arrest of women.
· None of the Above: This option is incorrect as the correct provision is found in Section 46(1).

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