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Can male police officers question a women after sunset?

Date: 05 Dec 2015    Group: Lawyers    Category: Indian Law   

If a police officer stops a woman who is alone after sunset, can she refuse to be inquired by him? Especially if there are no women constable around? e.g. If a woman is driving a car and male police officers stop her to inquire about the papers?
I understand there is a law where a woman cannot be arrested after sunset except for certain special circumstances. But can she refuse enquiry altogether? Especially when she is alone.
Awaiting advice from experts.

Wondering if male police can question a female after sunset? Check out responses from experts here.

Author: pradeep kumar    06 Dec 2015      Member Level: Bronze     Points : 1  (Rs 1)    Voting Score: 0

yes she can refuse to inquire her it is her decision.. but to inquire by male police can be duty part.. and she should not refuse other wise police may be take an action against her because of avoiding or refusing.

Author: Mahesh    06 Dec 2015      Member Level: Gold     Points : 2  (Rs 2)    Voting Score: 0

In a gender neutral society, police regardless of their gender should have a right to ask question. Or even take into custody and file some charges. However Indian women knowing more paranoid towards male gender do not want gender neutral laws. That is one reason why the police office can't question females after sunset. Also even during the day time, the police officer are often asked for the reference of the female officer. Alone or not, male police have their way of restrictions when it comes to inquiring females in india. India is female biased country when it comes to laws. So that is the case.

Author: Partha Kansabanik    06 Dec 2015      Member Level: Diamond     Points : 2  (Rs 2)    Voting Score: 0

Yes, a male police officer can question a lady even after sunset. But he can't search the lady or her personal effects. Furthermore, the lady can't be taken into custody without the presence of a lady officer after sunset.

This is the legal position in India.

Author: Kailash Kumar    06 Dec 2015      Member Level: Platinum     Points : 2  (Rs 2)    Voting Score: 0

No women can be arrested after sun set and before sun rise except with the special permission of a Magistrate and at least one female police officer should be present at the time of arrest. Search should be carried out by an female police officer with due regard to her modesty and decency. An arrested women should be kept in a separate lock up separated from the lock up of men. However asking for driving license etc. may not be covered under such law.

Author: Bapuni Singh    09 Dec 2015      Member Level: Bronze     Points : 1  (Rs 1)    Voting Score: 0

Yes, if it is a issue of routine check they may stop her. But need not to be worry these days every petroling van are present with female constable and officers. But in order to take in custody she may refuse, before she better talk to her family and lawyer first .

Author: Vin    12 Dec 2015      Member Level: Silver     Points : 2  (Rs 2)    Voting Score: 0

Yes police officers can question one women after sunset but they can arrest them only with the presence of lady police officers. Police have the right to question both men and women and they must answer to the questions. Otherwise police can take necessary actions for not obeying the rules and regulations. Also police can't search a women and her things. For all these government appointed lady police officers.

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