Can Police Arrest A Pregnant Woman?

 While the laws do not bar the arrest of a pregnant woman in India, there are several rules that need to be followed

A police arrest can be a challenging situation for the accused and their family members and friends. The situation becomes even more complicated when the accused is a pregnant woman. It brings up the question whether the police can arrest a pregnant woman in India. To answer that, here are some important things to understand.

Crimes under which a pregnant woman can be arrested

A pregnant woman can be arrested in India for various crimes. It includes cognizable offences, as mentioned under the various sections of the Bharatiya Nyaya Sanhita (BNS), 2023. For example, a pregnant woman can be arrested for murder, as per Section 103 of the BNS. Similarly, there are other crimes such as Terrorist Acts (Section 113, BNS), Organized Crime (Section 111, BNS) and Kidnapping or Abduction (Sections 137–141, BNS). If the woman is found to be involved in abetting of crimes like rape (Section 63, BNS) and gang rape of minor (Section 70(2), BNS), an arrest is possible even when the woman is pregnant.

There are specific non-cognizable offences as well in which a pregnant woman can be arrested. For example, if the woman is caught in the act of committing a crime, they can be arrested. There are other situations as well when a pregnant woman can be arrested. It includes the possibility of evading arrest or absconding, tampering with evidence or influencing witnesses, committing an offence while on bail and creating risks to national security or public safety.

Other offences in which a pregnant woman can be arrested include snatching (Section 304, BNS), cheating (Section 318, BNS) and offences that come under the Narcotic Drugs and Psychotropic Substances (NDPS) Act or Unlawful Activities (Prevention) Act (UAPA). If there is an attempt to prevent a child from being born alive (Section 91, BNS), the woman can be arrested. Intentionally causing miscarriage (Section 90, BNS) is also an offence that can lead to arrest.

Conditions for arrest of a pregnant woman

While the police can arrest a pregnant woman, certain conditions need to be fulfilled. These rules have been described under Section 15 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. It is mentioned that the woman should be arrested by a female police officer. Male police officers are not allowed to physically touch the woman unless and until there is an attempt to evade custody. In the case of pregnant women, it is mentioned that physical force should be avoided to safeguard the health of the accused and their fetus.

Other rules applicable to the arrest of a woman are also relevant for a pregnant woman. For example, Section 15(4), BNSS states that women cannot be arrested at night (6 PM to 6 AM). Arrest of a woman at night is allowed only in exceptional circumstances and it requires the permission of a Judicial Magistrate. Section 35 of BNSS mentions that the woman should be clearly informed why she is being arrested and their right to get bail in case it is a bailable offence.

Section 171 of BNSS mentioned that the police cannot summon the woman for interrogation at the police station. The interrogation must be done at the woman's place of residence and in the presence of family members or friends and a female officer. Under Section 479 of BNSS, courts can delay their order until the woman delivers the baby. This is done to ensure proper well-being of the mother and child.

A pregnant woman has various other rights when it comes to an arrest. For example, the police need to ensure that the woman is kept in a separate lock-up or in a separate room and not with other male accused. A pregnant woman who is arrested has the right to demand prenatal and postnatal care. Any restraints such as handcuffs should be avoided unless absolutely necessary. Pregnancy is also considered a genuine reason for granting bail, especially when the offence is a bailable offence.