A Woman can Refuse to be Arrested between 6 PM and 6 AM – Facts Analysis


Picture Suggesting A Woman can Refuse to be Arrested between 6 PM and 6 AM
A Woman can Refuse to be Arrested between 6 PM and 6 AM

Story: 

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Between 6 pm and 6 am, a woman has the right to REFUSE to go to the Police Station, even if an arrest warrant has been issued against her!
An incident took place in Delhi – a young girl was raped by a man posing as a plain clothes officer;… he asked her to come to the police station when she and her male friend didn’t have a driver’s license to show. He sent the boy off to get his license and asked the girl to accompany him to the police station. Took her instead to an isolated area where the horrendous crime was committed. The law [which most is not aware of] clearly states that between 6 pm and 6 am, a woman has the right to REFUSE to go to the Police Station, even if an arrest warrant has been issued against her. It is a procedural issue that a woman can be arrested between 6 pm and 6 am, ONLY if she is arrested by a woman officer and taken to an ALL WOMEN police station. And if she is arrested by a male officer, it has to be proven that a woman officer was on duty at the time of arrest.

Please fwd this to as many girls you know.. Also to boys.. coz this can help them protect their wives, sisters and mothers. It is good for us to know our rights. To what extent it comes of use remains to be seen in any situation. But as they say, knowledge is power. I did not know this and am sure some of us don’t? Please be informed.

Analysis:

This message started spreading as chain letter, in several variants, claiming the incident took place in various places of Delhi, Pune, etc. The message states that an Indian woman has the right to refuse to go to police station between 6 PM and 6 AM, even if the police has an arrest warrant against her and Indian law says that during those night hours, only a woman police officer can arrest her.

We did not find any particular incident as mentioned in the story, nonetheless, incidents like these do happen sometimes. Strangers & criminals often cheat women in the name of police and arrest. Coming to the Indian Law about the arrest of woman during night hours, we did not find any such citation of law. There is no “strict law” as such that gives a right to a woman to refuse her arrest during night hours. But yes, there are definite guidelines for safety of women while arresting. Also, the National Human Rights Commission (NHRC) has put forth some guidelines for Indian state governments with regard to safe arrest of women. Mentioned below is a related quote.

As far as practicable women police officers should be associated where females are being arrested. Arrest of women between sunset or sunrise should be avoided.

The keyword here is “as far as practicable”, which implies that when a crime is serious, the alleged woman can be arrested during night hours, even when a woman police officer is not present. Women can not refuse arrest under such circumstances. Therefore, the conclusion is that an Indian woman does not have any legal right to refuse her arrest during 6 PM and 6 AM. But it is also important for women to know their privileges and the procedure before and after their arrest. Read the reference section for complete details.

Hoax or Fact:

Mixture of Hoax and Facts.

References:

NHRC Guidelines on Arrest
Rights of Arrestee


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A Woman can Refuse to be Arrested between 6 PM and 6 AM – Facts Analysis

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