Synopsis
The Madras High Court has clarified that the restrictions on arresting women after sunset and before sunrise are advisory, not mandatory. It emphasized that these rules serve as precautionary measures rather than absolute prohibitions, requiring justification if not followed. A division bench comprising Justice G.R. Swaminathan and Justice M. Jothiraman ruled that non-compliance does not automatically render an arrest invalid. The court also recommended establishing guidelines for exceptional cases and suggested a local amendment to the law, as reported by TOI.
Statutory provision and interpretation
The court highlighted that the law prohibits the arrest of women at night unless exceptional circumstances arise, which require prior approval from the jurisdictional magistrate. However, it noted that the provision does not clearly define what constitutes an exceptional situation.
Referring to the case of Salma vs. The State, the court observed that a single judge had previously set guidelines for the arrest of women. However, the division bench found these guidelines insufficient in providing clear direction to law enforcement officers.
Call for clearer guidelines
The bench directed the police department to establish additional guidelines to clearly define what qualifies as an exceptional circumstance warranting the arrest of a woman at night. It also recommended that the state legislature consider amending Section 43 of the Bharatiya Nyaya Sanhita (BNS) in line with the suggestions made in the Law Commission of India’s 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 for arresting a woman after sunset. However, it upheld the action against Sub-Inspector Deepa for providing false information to the court.
This judgment underscores the need for clearer legal interpretations and stronger procedural safeguards regarding the nighttime arrest of women.
