Night hauling of women pub patrons ‘was entirely illegal’
Females Can Be Taken To Police Stations After Sunset Only In ‘Exceptional Circumstances’, Says Law
Swati Deshpande TNN
The latest raid by the Mumbai police on a So Bo lounge bar, in which some 200 patrons–including men and women -- were taken to the MRA Marg police station because the establishment was open beyond the deadline, violated some major provisions of the Criminal Procedure Code. These provisions dictate that the police cannot arrest or take, even as witnesses, women to the police station between sunset and sunrise. The police can take such action only in exceptional circumstances.
At 2 am Saturday morning, the police raided LIV lounge in Kala Ghoda, which was open beyond the 1.30 am deadline. The police had no right to take the women to the police station, said city advocate Satish Maneshinde,who deals with criminal matters.
Section 160 of the Criminal Procedure Code (CrPC) says that no male below 15 years of age and no woman (of any age) can be taken or asked to come to the police station between dusk and dawn as a witness to record their statement. Information sought from them can only be taken at their place of residence. Under the law, the police can onlytake names and address if they suspect a crime or offence has been committed. Saturday’s police action thus appears completely illegal and contrary to the procedures laid down by law, said legal experts.
Sub-section 4 of Section 46 of the CrPC prohibits the arrest of a woman between sunset and sunrise except in exceptional circumstances. Where such circumstances exist, prior permission of a first-class judicial magistrate must be obtained.
Legal experts said there were no exceptional circumstances made out by the police even in their FIR. The police had gone to shut a licensed nightclub that had exceeded its scheduled operating hours for the day.“First of all, no patron had committed any offence when the police had reached,” said Maneshinde. There was not even the suspicion of the commission of any offence by the patrons at that time,he said.
“Thus, not just women but none of the guests present there could have been rounded up,” said Maneshinde. “Yet, they were all confined for an hour at the nightclub and all, including the women, were carted to the police station at night and again confined in the tiny police compound or in vans like cattle, which was entirely illegal.”
Women must know that there are special privileges for them under law, said experts. For instance, there has to be a woman cop present when a woman is being arrested or taken as a witness. LIV patrons said that no women police were present when the police reached the bar on Saturday morning. The police FIR says that women police personnel were present only at the MRA Marg police station.
The law says that if there are exceptional circumstances and a woman has to be taken to the police station, her relatives must be allowed to go with her. A woman can also choose to give her statement or information only to a lady police officer. If that is not possible, a lady officer must at least be present. The law requires that as far as it is practical, a woman officer must be deputed. But the state’s police force has less than 5% women cops.
Even the Bombay Police Act, which governs all police action and powers when it comes to petty offences, makes it mandatory for the police to treatwomen with respect.
At 2 am Saturday morning, the police raided LIV lounge in Kala Ghoda, which was open beyond the 1.30 am deadline. The police had no right to take the women to the police station, said city advocate Satish Maneshinde,who deals with criminal matters.
Section 160 of the Criminal Procedure Code (CrPC) says that no male below 15 years of age and no woman (of any age) can be taken or asked to come to the police station between dusk and dawn as a witness to record their statement. Information sought from them can only be taken at their place of residence. Under the law, the police can onlytake names and address if they suspect a crime or offence has been committed. Saturday’s police action thus appears completely illegal and contrary to the procedures laid down by law, said legal experts.
Sub-section 4 of Section 46 of the CrPC prohibits the arrest of a woman between sunset and sunrise except in exceptional circumstances. Where such circumstances exist, prior permission of a first-class judicial magistrate must be obtained.
Legal experts said there were no exceptional circumstances made out by the police even in their FIR. The police had gone to shut a licensed nightclub that had exceeded its scheduled operating hours for the day.“First of all, no patron had committed any offence when the police had reached,” said Maneshinde. There was not even the suspicion of the commission of any offence by the patrons at that time,he said.
“Thus, not just women but none of the guests present there could have been rounded up,” said Maneshinde. “Yet, they were all confined for an hour at the nightclub and all, including the women, were carted to the police station at night and again confined in the tiny police compound or in vans like cattle, which was entirely illegal.”
Women must know that there are special privileges for them under law, said experts. For instance, there has to be a woman cop present when a woman is being arrested or taken as a witness. LIV patrons said that no women police were present when the police reached the bar on Saturday morning. The police FIR says that women police personnel were present only at the MRA Marg police station.
The law says that if there are exceptional circumstances and a woman has to be taken to the police station, her relatives must be allowed to go with her. A woman can also choose to give her statement or information only to a lady police officer. If that is not possible, a lady officer must at least be present. The law requires that as far as it is practical, a woman officer must be deputed. But the state’s police force has less than 5% women cops.
Even the Bombay Police Act, which governs all police action and powers when it comes to petty offences, makes it mandatory for the police to treatwomen with respect.
KNOW YOUR RIGHTS | PRIVILEGES WOMEN ENJOY
Every cop is duty bound to ensure that women are treated with respect. There are no exceptions to this rule
When a woman is a complainant, the police must enquire and investigate expeditiously and arrest the accused immediately
It is binding on the police to have a woman cop present while arresting or interrogating a woman
The police must treat an accused woman with dignity, irrespective of the crime
Women cannot be arrested or called to a police station between sunset and sunrise. If the need arises due to exceptional circumstances, the police must allow the woman’s kin to stay with her
Accused women must be kept in reserved cells. If no such cell is there, they are to be kept in the visitors’ room. A rape victim may ask for her medical exam to be conducted by a female doc.
Every cop is duty bound to ensure that women are treated with respect. There are no exceptions to this rule
When a woman is a complainant, the police must enquire and investigate expeditiously and arrest the accused immediately
It is binding on the police to have a woman cop present while arresting or interrogating a woman
The police must treat an accused woman with dignity, irrespective of the crime
Women cannot be arrested or called to a police station between sunset and sunrise. If the need arises due to exceptional circumstances, the police must allow the woman’s kin to stay with her
Accused women must be kept in reserved cells. If no such cell is there, they are to be kept in the visitors’ room. A rape victim may ask for her medical exam to be conducted by a female doc.
WHERE TO COMPLAIN
The Mumbai police are committed to provide decent treatment to all citizens, especially women, says the police website. Any aberrations must be brought to the notice of senior officers
If you have to complain about treatment received, first meet the senior inspector of the police station
If the problem persists, meet the assistant commissioner of police (ACP) of that division
If need be, the complainant can go higher up, to the deputy commissioner of police (DCP) for the zone or additional commissioner of police (Addl CP) for the region
Names, addresses and phone numbers of all these officers have been given on the website www. mumbaipolice.org. One can also directly write to the webmaster by clicking ‘Contact Us’ on www. mumbaipolice.org.
The Mumbai police are committed to provide decent treatment to all citizens, especially women, says the police website. Any aberrations must be brought to the notice of senior officers
If you have to complain about treatment received, first meet the senior inspector of the police station
If the problem persists, meet the assistant commissioner of police (ACP) of that division
If need be, the complainant can go higher up, to the deputy commissioner of police (DCP) for the zone or additional commissioner of police (Addl CP) for the region
Names, addresses and phone numbers of all these officers have been given on the website www. mumbaipolice.org. One can also directly write to the webmaster by clicking ‘Contact Us’ on www. mumbaipolice.org.
Source:::: The Times of India, 01-11-2012, p.04. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
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