Case Note & Summary
The petitioner, Mrs. Bharati S. Khandhar, filed a writ petition seeking compensation and action against police officers for violating Section 46(4) of the Code of Criminal Procedure, 1973. On 13th June 2007, the petitioner was stopped by Respondent No.1, a male police sub-inspector, who demanded she accompany him to the police station without specifying any offence. Despite her request for a female constable, one was called only after her insistence. She was taken to the police station in a police van and detained for some time before being released without any charge. The court examined whether the arrest violated Section 46(4) CrPC, which mandates that a woman be arrested only by a female police officer unless circumstances require otherwise and reasons are recorded. The court found that the respondent failed to comply with this mandatory provision, as no reasons were recorded for not having a female constable at the time of arrest. The court held that the arrest was illegal and infringed upon the petitioner's right to privacy and dignity under Article 21 of the Constitution. The court directed Respondent No.1 to pay compensation of Rs. 50,000 to the petitioner within four weeks, failing which interest would accrue. The petition was disposed of with these directions.
Headnote
A) Criminal Procedure - Arrest of Woman - Section 46(4) CrPC - Mandatory Requirement - The arrest of a woman must be made only by a female police officer, unless the circumstances require otherwise and the reasons are recorded. In this case, the petitioner was arrested by a male police officer without a female constable initially, and the reasons for not doing so were not recorded. Held that the arrest was illegal and violated the petitioner's fundamental rights. (Paras 1-17) B) Constitutional Law - Right to Privacy - Article 21 - Arrest of Woman - The arrest of a woman without a female constable infringes upon her right to privacy and dignity. The court held that the state must pay compensation for such violation. (Paras 18-25) C) Criminal Procedure - Compensation for Illegal Arrest - Section 357A CrPC - The court directed the respondent police officer to pay compensation of Rs. 50,000 to the petitioner for the gross violation of Section 46(4) CrPC and for the harassment caused. (Paras 26-30)
Issue of Consideration
Whether the arrest of a woman without the presence of a female constable and without proper reasons violates Section 46(4) of the Code of Criminal Procedure, 1973, and whether the petitioner is entitled to compensation for such violation.
Final Decision
The court allowed the petition and directed Respondent No.1 to pay compensation of Rs. 50,000 to the petitioner within four weeks, failing which interest at 9% per annum would accrue. The court also directed the Commissioner of Police to take appropriate action against Respondent No.1 for violating Section 46(4) CrPC.
Law Points
- Arrest of woman without female constable violates Section 46(4) CrPC
- Right to privacy of woman arrested
- Compensation for violation of fundamental rights
- Police accountability
