Madras HC Ruling on Night Arrests of Women

Source: The post Madras HC Ruling on Night Arrests of Women has been created, based on the article “What did the HC rule about arresting women at night?” published in “The Hindu” on 26th February 2025.

UPSC Syllabus Topic: GS Paper2- Governance-mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Context: The article discusses the Madras High Court’s ruling on night arrests of women. It ruled that Section 46(4) of CrPC/Section 43(5) of BNSS is a guideline, not a strict rule. It also explains legal safeguards, past recommendations, and Supreme Court observations.

What are the safeguards under BNSS 2023 and CrPC?

1. Two key safeguards exist for arresting women:

• No arrest of a woman after sunset and before sunrise, unless in exceptional cases.
  • Even in exceptional cases, prior permission of a magistrate must be obtained through a written report by a woman police officer.
• Additionally, police officers should not touch a woman during arrest unless necessary or if the arresting officer is female.

2. However, the law does not define “exceptional situations,” leading to different interpretations.

What did the Madras High Court rule?

1. The High Court ruled that Section 46(4) of the CrPC is directory, not mandatory.
2. The absence of penalties for violating this rule indicates that it is not an absolute restriction.
3. The court noted practical concerns, such as the risk of a woman escaping if a magistrate is unavailable at night.
4. It emphasized that police must not misuse this provision, and guidelines should be issued on what qualifies as an “exceptional circumstance.”

What is the history behind Section 46(4) of CrPC?

1. The 135th Law Commission Report (1989) first suggested restrictions on night arrests, requiring approval from senior officers.
2. The 154th Law Commission Report (1996) reinforced this recommendation.
3. In 2005, Section 46(4) was added to the CrPC, including a magistrate’s permission for night arrests.

What has the Supreme Court said on this issue?

1. In an earlier case, the Nagpur Bench of the Bombay High Court ruled that no woman should be detained after sunset without a female constable.
2. However, the Supreme Court observed that strict adherence could create practical difficulties.

Does this ruling weaken legal protections for women?

1. The High Court clarified that the provision is still important and must not be ignored by the police.
2. While failure to follow the rule may not make an arrest illegal, the police officer must justify their actions.
3. The court directed authorities to create clear guidelines defining exceptional circumstances for night arrests.

Question for practice:

Discuss the legal provisions regarding the arrest of women in India and evaluate the impact of the Madras High Court’s ruling on Section 46(4) of the CrPC.