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Bombay HC: Arresting Woman Post-Sunset Illegal
4 Sep
Summary
- Woman's arrest after sunset deemed illegal by Bombay HC.
- Court cited violation of Section 43(5) of Bharatiya Nagarik Surakha Sanhita.
- Release ordered, but rearrest possible after following due procedure.
The Bombay High Court declared a woman's arrest, made late at night on charges of extortion, as illegal. The court emphasized a violation of Section 43(5) of the Bharatiya Nagarik Surakha Sanhita, which mandates that women cannot be arrested after sunset and before sunrise without prior written permission from a magistrate and the presence of a woman police officer. The petitioner, arrested at 11:45 PM, was ordered to be released immediately.
Despite the illegal arrest, the judges declined to award compensation, noting that women police officers were part of the raiding party. The court clarified that the woman could still be arrested later if the investigation requires it, but only after adhering strictly to the prescribed legal procedures. This judgment reinforces the legal safeguards in place for women during arrests.
