Correct option is C
The correct answer is the Proviso to Section 46(1) of the Criminal Procedure Code (CrPC), 1973. This provision explicitly prohibits a male police officer from touching the person of a woman while making her arrest unless the situation requires such physical contact. Instead, the arrest must be made by a female police officer, or the woman may only be restrained as necessary.
Information Booster:
The CrPC, 1973, contains several provisions that aim to safeguard women's rights during legal processes, including arrest. Section 46 of the CrPC outlines the procedure for arresting a person. Subsection (1) deals with the physical act of making an arrest, which typically involves touching or confining the person in custody. However, recognizing the need for dignity and sensitivity in dealing with women, the Proviso to Section 46(1) mandates that, in the case of a woman, the arrest must be carried out in a manner that respects her personal dignity.
Proviso to Section 46(1): It states that unless the circumstances call for immediate intervention, a male police officer cannot touch the body of a woman while arresting her. Instead, a female police officer should be assigned to handle the physical aspect of the arrest. The objective of this provision is to prevent potential misconduct, abuse, or humiliation that could occur if a male officer physically arrests a woman. It prioritizes the dignity and safety of women during legal enforcement actions.
Moreover, Section 46(4) provides further protection by prohibiting the arrest of a woman after sunset and before sunrise unless absolutely necessary, and even then, only under the supervision of a female officer or with prior permission from a judicial magistrate.
Additional Knowledge:
1.
Proviso to Section 41(1): Section 41 of the CrPC describes the powers of police officers to arrest without a warrant. The Proviso to Section 41(1) specifies that the arrest should be made based on credible information about the person being involved in a cognizable offense. However, this section does not deal specifically with the arrest of women or the conditions regarding a male officer making the arrest. Instead, it provides guidelines about the lawful grounds for making arrests and mandates that arrests should not be made arbitrarily but based on a reasonable belief that the person has committed a crime.
