Special Rights for Women and Children

Special Rights for Women

  • A woman can be sarched, only by another woman with strict regard to decency. (Section 51 and 100 CrPC)
  • Any female occupant, who as per custom does not appear in public and not being the person to be arrested, has to be afforded reasonable opportunity to withdraw before entering a place for arresting a person who may be hiding there. (Sec. 47 CrPC)
  • No male under the age of 15 years or a woman can be summoned by police as witnesses to depose about the facts and circumstances in a case under investigation at any place other than the place in which such male person or woman resides. (Sec. 160 CrPC)
  • Nothing is an offence which is done by a child under seven years of age. (Sec. 82 IPC).

Special Rights for Children

  • Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion. (Sec.83 IPC)

The Juvenile Justice (Care and Protection of Children) Act, 2000 inter-alia prohibits

  • Lodging of children in jails and police lock-ups and lays down procedures including norms for investigation and trial in cases of juvenile crimes
  • Publication of names and other details of juveniles who are involved in any proceeding under the Act
  • Trial of juveniles with adults
  • It provides that in matters concerning bail normally a juvenile shall not be denied bail. It also sets out procedure for rehabilitation and social reintegration of children.
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