Why No Woman Shall Be Arrested At Night?

The purpose of this article is to aware the women with one specific right which is related to arrest . As we all know that a women cannot arrest at night from 6 p.m. to 6 a.m Unless or until there is no emergency.

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A woman can present at the police station only day time it gives a special protection to the women.

In CrPC law, special provision is added  in section 46 clause 4 - says that a woman shall not arrested after sunset and before sunrise.  This provision section 46 clause 4 was added in 2005 provide the safety to women at police station . The reason for adding this clause was to save the modesty of a woman and also to save her from the harassment by police officer at the police station. 

This clause was awarded by the Bombay High Court in the Mrs Bharti S. Khandhar V. Shri Maruti Govind Jadhav Case on 12 Dec. 2012

This Code of Criminal Procedure after amending  in 2005,  added a new sub clause 4 in section 46 of code which provides the essential requirement to fulfill for arresting of women-

* A woman should be arrested before the sunset or after the sunrise.

* A women should be arrested only by female police officer not by any male officer.

* In exceptional case , if a police officer wants to arrest her at night then a lady police officer have to take the prior permission of the judicial magistrate of the first class within whose local jurisdiction -

a) the offence is committed or 

b) the arrest is to be made.

1. A woman should be arrested before the sunset or after sunrise-

As already discussed that women cannot be arrested after sunset and before sunrise but if it is in emergency like she is found to escape or leaving the country then she can be arrested at night (after 6 p.m. - before 6 a.m). which will fall under the exceptional cases but in normal circumstances she should not be arrested at night because there are many cases where the women are harassed by the police at police station that's why they have the right to present at station only during day time.

2. A women should be arrested only by female police officer not by any male officer.

Before arresting a woman , it should be  keep in mind that there shall be presence of a lady police officer because a woman can be arrested only by a lady police officer.  

A male police officer have no right to arrest or even they cannot touch woman physically but in exceptional cases when there is an emergency or have to take immediate action for arresting her as there is no female officer is present at that time then they can arrest her but without touching her and when  she is arrested by them then the male police officer have to give the reason for doing so.

3. Exceptional case- when a women can be arrested at night-

If a police officer wants to arrest her at night this will be subject to exceptional means it will generally applicable but  when there is immediate arrest is needed, Then this will not be applicable but before arresting her,  a lady police officer should make a written report and grant the prior permission from local judicial magistrate first class.

What are the rights of an arrested women?

First of all , a woman cannot be arrested without warrant unless she is suspected to have been committing a cognizable offence before arresting her she have right to know the reason to arrest and  also to inform her's relatives , friends or any close friends for arresting her and to tell them the reason for arresting and when if she is detained in the lockup then she should be kept in a separate lockup of women where no man is kept and there should always a lady police officer who can be present every time i.e.24 * 7.

Conclusion-

I would like to conclude here that every woman should be aware of this right as it protect them from Harassing,disrespect etc.  As we have seen many cases where women were sexually harassed at police station . So  just to maintain the modesty of a woman , this provision was added because the modesty of a woman is considered to be paramount element even  if she is arrested  , she should be treated with dignity and respect . In India it becomes very important for the women  to know this right so that they can exercise these rights when any such situation arises in their life.

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