Right of Female Accused under Arrest : Supreme Court Guidelines

Service Element of Disability Pension

Right of Female Accused under Arrest : Supreme Court made Guidelines in Case of Sheela Barse Vs. State of Maharashtra, (1983) 2 SCR 337 : AIR 1983 SC 378 : 1983 Cr LJ 642. The apex court has given following direction to protect females: 

(a)  Four or Five police lock-ups should be selected in reasonably good localities where only female suspects should be kept and they should be guarded by female constables. Female suspect should not be kept in a police lock-up in which male suspects are detained.

(b) Interrogation of females should be carried out only in the presence of female police officers / constables. 

(c)  a person arrested must be immediately informed of the grounds of his arrest. 

(d) whenever a person is arrested by the police and taken to the police lock-up, the police should immediately give intimation of the fact of such arrest to the nearest Legal Aid Committee which should take immediate steps to provide legal assistance to him at State cost provided he is willing to accept such legal assistance. 

(e) In the city of Bombay a City Sessions Judge, nominated by the Principal Judge of the City Civil Court, preferably a lady Judge if there is one, shall make surprise visits to police lock-ups in the city periodically with a view to providing the arrested persons on opportunity to air their grievances and for ascertaining the conditions in the police lock-ups. 

(f) as soon as a person is arrested, the police must immediately obtain from him the name of any relative or friend whom he would like to be informed about his arrest and the police should get in touch with such relative or friend and inform him about the arrest. 

(g) The Magistrate before whom an arrested person is produced shall enquire from him whether he has any complaint of torture or maltreatment in police custody and inform him that he has right under 54  of Cr.P.C. to be medically examined. 


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