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Women’s Rights and Police Power

April 28th, 2009 · 4 Comments

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Recently, I received couple of emails stating woman has legal rights to refuse to go to the police station with male police between 6pm to 6am (I reproduce the same below).

To be frank, it was my 1st time hearing about this legal rights. Though I was not a criminal lawyer, but I have not heard of or read about it during my law school, espacially when reading the Criminal Procedure Code.

After checking with some lawyer friends, I came to the conclusion that such rights, in fact, is not the correct position of law in Malaysia (despite someone informed me that this is the postion of law in India, I am not sure about India law).

What is woman rights in Malaysian Criminal Procedure Code (CPC)?

Section 19(2) of CPC states ” whenever it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.”

This means a woman can only be searched by another woman and not only that such search must be done without humiliating the dignity of a woman.

Should you receive the below email, please stop circulating to your Malaysian friends as it will cause unnecessary misleading on the position of Malaysian law.

To see more of your legal rights against police power, please download the below “small red book” prepared by the Bar Council:

You and Your Rights

Below is the content of the email:

Women’s Rights 6 pm to 6 am (important for your knowledge)

Dear all,

Please read and share with your loved one ….

IMPORTANT
Women’s Rights 6 p.m. to 6 a.m.
I was talking with a lawyer friend of mine.
We were discussing the law and women’s rights.

She told me about this incident
- a young girl was raped by a man posing as a plain clothes officer;
he asked her to come to the police station when she and her male
friend didn’t have a driver’s license to show. He sent the boy off to
get his license and asked the girl to accompany him to the police
station.

Took her instead to an isolated area where the horrendous crime was committed.

In fact, the law clearly states that between 6 pm and 6 am, a woman
has the right to REFUSE to go to the Police Station, even if an arrest
warrant has been issued against her…

It is a procedural issue that a woman can be arrested between 6 pm and
6 am, ONLY if she is arrested by a woman officer and taken to an ALL
WOMEN police station.
And if she is arrested by a male officer, it has to be proven that a
woman officer was on duty at the time of arrest.

It is good for us to know our rights. To what extent it comes of use
remains to be seen in any situation. But as they say, knowledge is
power. Just thought I’d share this with you. I did not know this and
am sure lot of us will not know this- please be informed….. And pass
on this info to whom all you know…….

Tags: -==Legal Tips==- · Criminal Law

4 responses so far ↓

  • 1 serena // May 8, 2009 at 8:01 am

    thanks for the post… i’ve been receiving this email too… i will start sending the ‘you and your rights’ pdf to friends and told them that previous email was misleading…

  • 2 Eddie Law // May 16, 2009 at 6:31 pm

    Serena – yes, in fact, we should verify what we have received before forward to others.

  • 3 James @ Mythicizer // May 17, 2009 at 12:57 pm

    Eddie, i have couple of friends asked me the same question, whether Malaysia has the same position as India.. Well, you have solved my problem.. I have done my research on this particular issue. The only information i found is in India and they do have this kind of policy in their country..! Alright, I shall write an article based on this and solve their problem.. Thank again!

  • 4 Eddie Law // May 18, 2009 at 9:52 pm

    James – can you share the relevant link stating that the position of India?

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