Thread on arrest and detention of women:
No woman can be kept in police custody overnight, except for exceptional circumstances, i.e murder or dacoity. In those circumstances, she can only be interrogated in the presence of a female police officer and an officer of jail -
Police Rules 1934, Rule 26-18 A & CPC 1898, S.167(5). Women being investigated are only required to remain in a station to deliver information they are willing to provide and cannot be kept in the hours between sunset and sunrise - Police Rules 1934, 26-18A
Correction, it's 26.18 A, in both tweets mentioned above.
A woman can only be searched by other women - CPC 1898, Section 52. If you are arrested or detained, you must be informed of the reason behind your arrest and allowed access to a lawyer - Constt of Pakistan, Art.10(1)
The medical examination of a woman cannot take place without her consent and the written order of a magistrate - Police Rules 1934 S.25-22. The accused can only refuse to be examined by a male doctor, she can insist on a female medical officer
The arrest of a woman can only be made by an officer of rank not below an Assistant Sub Inspector or Head Constable if the former is unavailable and that too in the presence of male relatives of the accused - Police Rules 1934, S.26.18 A
Women remanded to judicial custody shall be immediately transferred to headquarters or properly equipped sub divisional female judicial lock-ups (female police station/jail in practice). - Police Rules, 1934, S.26.18
If a woman is attending a police investigation/enquiry as opposed to being under arrest, she CANNOT be detained at the station - Police Rules 1934, S.26.18 A (3) Women in police custody being escorted for investigation can only be accompanied by a police officer of rank -
- Assistant Sub Inspector or Head Constable. (Police Rules 1934) (rest continued in a bit)
Basic legal rights of every individual (male or female) in terms of warrant, arrest, etc will be discussed below, please remember there are exceptions because of the anti-terrorism courts and investigations related to terrorism or national security cases -
Arrest without warrant is allowed under the CrpC , S,54, - but you are entitled to know the grounds for your arrest and also whether you're entitled to bail. You can only be detained for 24 hours before being presented before a magistrate
If you cannot afford or find a lawyer, you're entitled to free legal aid - s.304 CrPc The police are obligated to inform a family member or friend of the accused about the arrest - S.50 A CrPc
Further clarification for laymen - a bailable offence is one where you have a right to bail while a non-bailable offence is one where the court has discretion to decide whether the individual deserves bail
Quick aside - entry without warrant continues to be a confusing area of law. Laws in the past decade such as the Protection of Pakistan Act 2014 allow the police to enter premises for arrest or when they suspect that a premises contains arms or illegal items
However, case law on entry of premises is in conflict, technically under the constt entering a home is a violation of the dignity of individuals, additionally it is considered unIslamic to enter a private home, especially one with children or women
There is actual precedent for the police having to announce their presence in advance and allow for the women (zenana) to vacate the main rooms before entering. So there's little clarity on this issue.
Finally,the police cannot under the law, use violence, torture, coerce or abuse detainees.That is absolutely illegal and always has been, under various laws including the constitution. Any attempt to breach the female body, contact or otherwise is not permitted, by male officers.
Conclusion: There will be different opinions to some of these issues by practicing lawyers based on case law. If anyone wishes to add anything, they can drop the information below and I'll add it to the thread. Or start your own, I'll link below.
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