'Women can be arrested even after sunset...': HC gives important ruling

The Madras High Court has ruled that legal restrictions on arresting women after sunset and before sunrise are directory in nature and not mandatory. A division bench of Justice G R Swaminathan and Justice M Jothiraman stated that while the provision serves as a cautionary measure for law enforcement, failure to comply does not automatically render the arrest illegal. However, the officer must justify the inability to adhere to the prescribed procedure, a TOI report stated.

Statutory provision and interpretation

The court highlighted that the law prohibits the arrest of women during nighttime except in exceptional situations. In such cases, prior permission from the jurisdictional magistrate is required. The court observed that the provision does not define what constitutes an exceptional situation.

Referring to the case of "Salma vs The State," the court noted that a single judge had previously framed guidelines regarding the arrest of women. However, the division bench found these guidelines insufficient in providing clarity to law enforcement officers.

Call for clearer guidelines

The bench directed the police department to establish further guidelines to clarify what qualifies as an exceptional situation warranting the arrest of a woman at night. Additionally, it suggested that the state legislature could consider amending Section 43 of the Bharatiya Nyaya Sanhita (BNS) in line with recommendations made by the Law Commission of India in its 154th report.

Reversal of disciplinary action

The court set aside a single judge’s order for disciplinary action against Inspector Anitha and Head Constable Krishnaveni, who had arrested a woman after sunset. However, it upheld the action against Sub-Inspector Deepa for misrepresenting facts before the court.

This ruling underscores the need for clearer legal interpretations and procedural safeguards in cases involving the arrest of women at night.