The law generally prohibits arresting women between sunset and sunrise unless there are exceptional circumstances. In such cases, the police must first get permission from the jurisdictional magistrate. However, the law does not clearly define what qualifies as an ‘exceptional situation.’
Madras: The Madras High Court ruled that legal restrictions on arresting women during the night are not absolute.
A division bench comprising Justice G R Swaminathan and Justice M Jothiraman stated that these restrictions are advisory and not mandatory.
This means that if the police fail to follow the rule, the arrest is not automatically illegal. However, the officer involved must provide a valid reason for not following the prescribed procedure.
The court clarified that the law is meant as a safeguard but does not completely prohibit arrests of women at night.
The law generally prohibits arresting women between sunset and sunrise unless there are exceptional circumstances. In such cases, the police must first get permission from the jurisdictional magistrate. However, the law does not clearly define what qualifies as an ‘exceptional situation.’
The court referred to the case of “Salma vs The State“, where a single judge had previously given some guidelines on arresting women. However, the division bench found these guidelines inadequate and said they do not provide enough clarity for police officers.
The bench has now directed the police department to create clearer guidelines on what situations can be considered ‘exceptional’ for arresting women at night. It also suggested that the state legislature should amend Section 43 of the Bharatiya Nyaya Sanhita (BNS) based on recommendations made by the Law Commission of India in its 154th report.
In this case, disciplinary action was ordered against police officers who had arrested a woman after sunset. The High Court set aside a single judge’s decision to take action against Inspector Anitha and Head Constable Krishnaveni, meaning they will not face disciplinary measures. However, the court upheld the action against Sub-Inspector Deepa for misrepresenting facts before the court.
Case Title: Deepa v. S Vijayalakshmi
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