Being Women Gets You Bail.

 ~Preet

The writer or the publisher has no rights to the image. The image is taken from teestaaa.jpg

In a world where there is a constant cry for the propagation of the idea of equality, it seems that preferential upliftment is actually being sought to be achieved, but such a bias in the criminal justice system conflicts with its very principle of it. The Supreme Court of India recently granted Teesta Setalvad interim release, declaring that "the remedy of interim bail is given to the appellant (Teesta) in the unusual conditions, including the fact that the appellant happens to be a girl." The Chief Justice of India further referred to a bail clause in the Code of Criminal Procedure CrPC that states that "being a woman is a conceivable cause for granting release, even when it cannot be considered otherwise."

Section 437 of the Criminal Procedure Code addresses bail in case of non-bailable offences. According to it, a person shall not be released on bail if there is reasonable cause to believe that he has committed a crime punishable with death or life imprisonment or if he has previously been convicted for an offence punishable with death, life imprisonment, or for a term of seven years or more, or if he has been convicted on two or more occasions on other offences with terms ranging from three to seven years. However, Section 437 of the CrPC provides exceptions, such as the fact that the court may issue bail even in certain instances if the defendant is under the age of 16, a woman, or is sick or infirm. 

When a police officer summons someone he feels is familiar with a case under investigation, the person must appear before the officer (Section 160). However, no woman shall be obliged to do so anywhere other than where she resides. The Law Commission proposed in its 84th, and 135th Reports in 1980 and 1989 that the word "place" is confusing and that it would be desirable to change it to "dwelling place."

Without a judicial order or a warrant, a police officer may arrest someone who has committed a crime (Section 41). If the individual refuses to submit to custody based on the police officer's words or actions, Section 46 allows the officer to physically restrain the person from accomplishing the arrest. In 2009, a provision was inserted into the CrPC stating that only a female police officer may touch the lady's person when a woman is arrested unless circumstances dictate differently. Section 46 was amended in 2005 to include a provision prohibiting the arrest of a woman after sunset or before daybreak. In exceptional cases, a female police officer may make an arrest with the prior permission of a judicial magistrate. 

The police may demand access to any property where they suspect the presence of a person who must be apprehended. In the case of an apartment occupied by a female (who is not the person to be detained), and if the woman does not appear in public, the police must give her notice so that she can leave before they enter (Provision to Section 47). It also states that they must provide her with every reasonable opportunity before breaking through the door and entering the premises. Another exemption is that a woman who wishes to file a defamation action but does not appear in public as is customary might have someone else submit the complaint on her behalf. 

Persons arrested or detained are protected under Article 22 of the Indian Constitution. Punitive detention is used to punish a person for an offence following a court trial and conviction. On the other hand, preventive detention refers to the custody of a person without a judicial trial and sentence.