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No, a woman cannot be arrested after sunset (generally, 6pm) and before sunrise (generally, 6am), even if a woman police officer is present (Section 46(4) of Criminal Procedure Code). If the police need to arrest a woman at night, they need an arrest warrant from the Magistrate.
The provisions of sub-section (4) of Section 46 of the Code of Criminal Procedure, 1973 mandates that, if the Police want to arrest woman after sunset, they have to seek prior permission of the Magistrate, and arrest should be made by a Lady Police Officer.
- Introduction
- The Arrest of A Person
- Procedure For The Arrest of A Woman
- Search Procedures
- Medical Examination of An Arrested Woman
- Rights of An Arrested Woman
- Landmark Cases of Women’s Rights
- Conclusion
- References
We all must have heard the rule, “women cannot be arrested before sunrise and after sunset”. Notably, the abstract word here is “darkness”. Why should any accused woman be kept away from the darkness? The answer is to protect the “accused” woman from becoming a “victim”. Thus, even at the time of an arrest where the accused is a woman, her safety i...
The provisions for “arrest of persons” have been provided in Chapter V i.e. Section 46 to Section 60A, of the Criminal Procedure Code, 1973. The said chapter deals with the detailed process of fair arrest. As per the judgment of Madras High Court in the case of Roshan Beevi vs. Joint Secretary, Government of Tamil Nadu (1983), it was held that ther...
One of the prime motives of the legislature is to safeguard the woman during her arrest. The basic procedure regarding the arrest of a woman has been laid down in Section 46 of the Criminal Procedure code 1973, and Section 46(4) (amended under Section 6) of the Code of Criminal Procedure (Amendment) Act, 2005. Section 46(4) says that out of the ord...
The search of an arrested person within his/her place of residence is a significant part of the arrest procedure. Under Section 47 and Section 51, the process of executing the search has been provided along with separate provisions for women. The person, place, or both can be searched by authorities who are executing the arrest. Section 46(1) – “In...
According to Section 53(1)of CrPC, if there is a reasonable suspicion that the medical examination of an accused person would help in the procurement of evidence related to the offense committed, the registered medical practitioner can carry out such examination at the request of a police officer, not below the rank of sub-inspector, or any other p...
It is an important task to maintain the modesty of a woman, even if she is accused of an offense. Therefore, certain general rights have been provided to arrested women along with some specifically allotted rights.
Bharati S. Khandhar v. Maruti Govind Jadhav
In the landmark case of Bharati S. Khandhar vs. Maruti Govind Jadhav (2012), the petitioner was aware of the provision of Section 46(1) but was not unaware about the provision of Section 46(4) of the Code of Criminal Procedure, following which she was arrested after sunset and was mistreated by the police officers. The Hon’ble Bombay High Court directed the Mumbai Commissioner of Police to hold an inquiry against the concerned police officers for illegal detention and arrest of the petitioner...
Sheela Barse v. State of Maharashtra
In Sheela Barse vs. State of Maharashtra (1983), a journalist Sheela Barse wrote a letter complaining of custodial violence to women prisoners while confined in the police lock-ups in the city of Mumbai, which was later treated as a Writ Petition. Following this case, various directions were issued to the State of Maharashtra conferring protection to women prisoners in police lockups.
The constant debates and discussions about the rights of women, gave rise to various amendments in the Criminal Procedure Code 1973, regarding women’s rights during and after the process of arrest. For an accused, it is essential to know the proper procedure, guidelines, and rights while getting arrested. It becomes even more important if the accus...
Feb 27, 2020 · The laws make it mandatory that women shall be handled by female police officers, no arrest can be made after sunset and before sunrise, pregnant women shall be provided with comfortable needs during their arrests.
Nov 14, 2017 · After several instances of women being harassed by policemen got reported, the Supreme Court came out with a ruling stating that women cannot be arrested after sunset and before sunrise.
Mar 25, 2023 · The Madras high court has directed the Tamil Nadu government to frame appropriate guidelines for strict compliance of the rule prohibiting the arrest of women after sunset and before sunrise.
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Jul 26, 2023 · Chennai: Women who are suspects or complainants should not be kept in a police station after sunset, director general of police Shankar Jiwal has said in a circular to all officers across the state.
