Copyright infringement not intended

Picture Courtesy:  THE HINDU

Context:

The Madras High Court ruled that the legal provision prohibiting the arrest of women after sunset and before sunrise is directory, not mandatory.

Highlights of the Court Ruling

The Madras High Court in the Deepa v/s S. Vijayalakshmi and Others (2025) case held that Section 46(4) of the Code of Criminal Procedure, 1973, now Section 43(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is directory, meaning non-compliance does not automatically invalidate an arrest. 

Reason mentioned by the court

The provision lacks consequences for non-compliance, suggesting it is advisory, not absolute.

Strict adherence could harm public interest in urgent cases (e.g., a woman committing a heinous crime at night when a magistrate is unavailable).

Police perform a public duty, and rigid rules might hinder law enforcement.

Safeguards for Women’s Arrests

Under Section 43(5) of BNSS (Section 46(4) of CrPC):

• Nighttime Arrest Restriction: Women cannot be arrested after sunset and before sunrise except in exceptional circumstances.
• Magistrate’s Permission: Even in exceptions, a woman police officer must obtain prior written permission from a magistrate .
• Physical Contact Protections: Per Section 46(1) CrPC, arresting officers should not touch a woman unless a female officer is present or circumstances demand it.

Implications of the Ruling

Police cannot ignore the provision. Non-compliance may require justification, and officers risk scrutiny or disciplinary action.

The court directed police to define “exceptional circumstances” to prevent misuse.

The ruling prioritizes women’s safety while allowing flexibility for urgent cases, ensuring public safety is not compromised.

Must Read Articles: 

INFORMING ARREST REASON MANDATORY

SUPREME COURT CLARIFIES PMLA ARREST NOTIFICATION RULES

GUIDELINES ON BAIL AND ARREST

LAW ON POLICE CUSTODY

Source: 

THE HINDU