In which of the following cases did the Supreme Court hold that where waiting for a female police…
In State of Maharashtra v. Christian Community Welfare Council of India (AIR 2004 SC 7), decided prior to the 2005 statutory amendment on arrest of women, the Supreme Court…
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In which of the following cases did the Supreme Court hold that where waiting for a female police officer is impractical and would delay the course of justice, a male police officer may, for recorded reasons, arrest a woman?
Answer and explanation
Correct answer A
In State of Maharashtra v. Christian Community Welfare Council of India (AIR 2004 SC 7), decided prior to the 2005 statutory amendment on arrest of women, the Supreme Court held that while all efforts must be made to keep a lady constable present, if the arresting officer is satisfied that waiting for a female officer would cause delay frustrating the arrest, a male officer may arrest a woman for lawful reasons recorded before or immediately after the arrest. Subsequently, specific statutory safeguards governing the arrest of women after sunset and before sunrise were enacted in Section 46(4) of the Code of Criminal Procedure, 1973 (now Section 43(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023).
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