Court Clarifies Legal Position on Arrest of Women at Night Or Nighttime Arrest
The Madras High Court has ruled that nighttime arrest or restrictions on arresting women between sunset and sunrise are not mandatory but serve as guidelines for law enforcement. A division bench comprising Justice G R Swaminathan and Justice M Jothiraman stated that non-compliance with this rule does not automatically invalidate an arrest. However, officers must justify why they could not adhere to the prescribed procedure, according to a Times of India report.
Legal Provisions and Interpretation
The court emphasized that the law prohibits arresting women at night except in exceptional circumstances, which require prior approval from the jurisdictional magistrate. However, it pointed out that the law does not define what qualifies as an “exceptional situation.” The bench noted that a single judge had previously set guidelines for the arrest of women. However, it found these guidelines insufficient for providing clarity to law enforcement officers.
Call for Clearer Guidelines
To address this ambiguity, the court directed the police department to establish clearer guidelines on what constitutes an exceptional situation justifying a nighttime arrest. It also suggested that the state legislature 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.
Disciplinary Action Reviewed
The court overturned 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 disciplinary measures against Sub-Inspector Deepa for misrepresenting facts in court.
Legal Clarity Needed for Law Enforcement
This ruling highlights the need for clearer legal interpretations and procedural safeguards when arresting women at night. By urging the government and law enforcement agencies to refine their policies, the court aims to balance legal safeguards with practical law enforcement requirements.
