To safeguard the interest and rights of the women in India and after scrutiny of the cases related with women, amendment was brought in Cr.P.C., 1973 wherein as per section 46(4) of Cr.P.C., ladies can’t be in remission once the sunset.
This amendment is done due to various incidents associated with harassment of women by police officers have come into the knowledge and to secure the modesty of women and for their welfare and security, it was amended.
According to the 135th Law Commission Report, it is illegal to arrest the women after sunset and before sunrise. Even if there is a woman constable accompanying the officers, the police than also, cannot arrest the women in restricted duration.
If a case arises where the woman has committed a dreadful act or crime, the police ought to take written permission from the magistrate explaining the official why the arrest is important throughout the night.
According to section 46(4) of Cr.P.C, no women can be arrested after sunset and before sunrise. Under exceptional circumstances, a woman’s arrest can only be made by the women police officer after the prior permission of Judicial Magistrate 1st Class.
As per section 160 of Cr.P.C, women of any age cannot be called to the police station. Her statements can only be recorded at the place she resides in the presence of a women constable and her family members.
Supreme Court has framed the following guidelines in case titled as Sheela Barse Vs. State of Maharashtra which has to be followed by police officers before arresting any women.
RECENTLY, the Bombay High Court in case titled as Kavita Manikikar vs CBI imposed an exemplary fine of Rs. 50,000 on the Central Bureau of Investigation (CBI) for doing an illegal arrest Ms. Kavita Manikikar wherein as per CBI, She was authorized signatory of the three firms owned by Nirav Modi.
Hon’ble Apex Court has also passed various landmark judgments regarding arrest; such as Joginder Kumar Vs State Of U.P. (1994) 4 SCC 260 and Arnesh Kumar Vs State Of Bihar (2014) 8 SCC 273
Written By
ADVOCATE Prem Joshi
Founder, Joshi Law Associates (JLA)
Practice in Delhi High Court & District Courts
