An Empirical Study On The Investigation Against Women Offenders
- IJLLR Journal
- May 16, 2023
- 2 min read
An Empirical Study On The Investigation Against Women Offenders With Special Reference To The Criminal Procedure Code In India
Sambhav Jain, B.Com., LL.B., (Hons), Saveetha School of Law, Saveetha Institute of Medical and Technical Science, Chennai
J. Jayasri, Saveetha School of Law, Saveetha University, Chennai
ABSTRACT
Section 46 of CrPC in its exception clause states that no woman shall be arrested after evening and before daylight, still, it also provides an exception to a similar right regarding arrest that, a woman police officer shall, after making a written report, and after carrying written authorization by judicial justice first class who have original governance of similar offence, may make an arrest. A victim below the age of 18 is veritably likely to turn hostile, and thus, a correction to record the statement of the victim below the age of 18 in the presence of her parents or guardian shall be introduced. Section 26 of CrPC states that any offence relating to rape under the Indian Penal Code, 1860 shall be tried as far as possible by a court presided over by a woman. The provision exists on the proposition that a woman is more comfortable in telling the data of the case to other women, as compared to a manly judge, which safeguards the interests of womanish victims of rape and assists delivery of justice. Strict compliance in the cases of rape, murder, and hijacking is necessary to meet the ends of justice. ideal to understand the judicial step toward the women lawbreaker, to understand the protection handed to the women lawbreaker while conducting a disquisition. The methodology is an empirical exploration and convenience slice conducted within Chennai, the sample size is 200 samples collected from the public living in the location of Chennai. The finding of the study the government have ultra fires related to the right-handed women and women lawbreaker as the right to equivalency is been violated under the Indian constitution.
Keywords: criminal justice, human rights, prisoners, prison reforms and criminal procedure code