Women cannot be called to the police station for questioning. So how do
police record the statements of women?
Answers
Answer: Right to not being called to the police station
the victims of such crimes cannot be forced to go to the police station to provide their statement.
Explanation:
Introduction
Interrogation refers to an attempt to get a suspect to confess something, however, it is different from an interview as that is done by the police to gather information for the investigation. Nevertheless, it is very important to ensure that the interview of witnesses and interrogation of suspects/accused to elicit the truth should be done in a professional manner by the investigating officer.1 The National Police Commission in its 3rd report has mentioned that the power of arrest was one of the chief sources of corruption in the police. The report of the commission suggested that about 60% of the arrests made the police were either unjustified or unnecessary.2 Hence it is fundamental for every woman to know their rights during an arrest or Rights under Indian Law
India has positively taken steps to imbibe all the International norms and standard policies. The following are the rights provided to all the women during an interrogation:
Right to Equality
Article 14 of the Constitution guarantees equal protection before the law and the courts not only as regards to substantive laws but procedural laws as well. It means that all litigants, similarly situated, irrespective of whether the person is accused or not, are entitled to same procedural rights for relief and defence. People who all are in the same ‘class’ should be subjected to the same law, there cannot be selectivity within a class. If within the same class some are subjected to a more drastic procedure than, others, then it is discriminatory and bad under Article 14. However, the Constitution not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women under Article 15(3) of the constitution. This inherently protects the right to freedom from discrimination.
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2. Presumption of Innocence
Our laws are based on Common Law and equality of law. One of the important and well-known principles is that a person is believed to be innocent until the guilt is proved against him. This principle is called the Presumption of Innocence. In other words, accused is entitled to take advantage of reasonable doubt in respect to his crimes. Hence, even if a woman is arrested as an accused for interrogation the person is to be considered as an innocent till her guilt is proved before the court.
3. Right against Self-Incrimination and the right to silence
The right to silence is a legal principle which guarantees an individual the right to refuse to answer questions from law enforcement officers or court officials during interrogation. Further, there is right against self-incrimination which is incorporated in clause (3) of article 20 of the Constitution. The ‘right to silence’ principle has its roots in common law. This principle means that courts or tribunals of fact should not conclude that a suspect or an accused is guilty merely because he has refused to respond to questions put to him by the police or by the Court. Moreover, evidence obtained in a manner that violates these rights is excluded if such evidence is admitted then it would render the trial unfair or otherwise be detrimental to the administration of justice.
4. Right to Freedom from Coercion, Duress, Threat, Torture or harassment
The person who is arrested and interrogated has to be produced before the magistrate within twenty-four hours from the time of his/her arrest. This period excludes the time taken in the journey.3 Hence, no arrested person can be detained longer than 24-hours.4 Manhandling and handcuffing at the time arrest are illegal if done unreasonably. Handcuffing is not a general procedure it is only to be made on reasonable grounds. Also, the escorting officer has to inform the reason for handcuffing to Judicial Officer before whom the accused is going to be produced.5 The detainee has the right to not be ill-treated, abused or tortured while in the custody during interrogation and investigation. Further, the detainee should not be subjected to more restraint than what is necessary to prevent his escape.6 Furthermore, no person can be induced or threatened or coerced to answer any
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