Crpc

Section 46 (4) of Code of Criminal Procedure, 1973 enumerates that a woman shall not be arrested after sunset and before sunrise. However this rule is subject to exceptions, If any exceptional case arises where immediate arrest is imperative, then this rule shall not be applicable. Exceptional circumstance is not defined in the Code, hence that is subjective and no straitjacket formula is there to ascertain if exceptional circumstances exist or not.  If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. In State of Maharshtra Vs. Christian Community Welfare Council of India & Anr, (2003) 8 SCC 546, the Supreme Court appreciated and agreed with the object behind prohibiting arrest of a lady after sunset and before sunrise but was of the opinion that a strict compliance with such restrictions. So, basically it all depends on the circumstances.

As per your concerns!

In a general rule Section 46 (4) of the Code of Criminal Procedure, 1973 enumerates that a woman shall not be arrested after sunset and before sunrise and where such exceptional circumstances exist.

In cases wherein, such exceptional circumstances do exist, a Lady Police Officer shall make a written report and obtain the prior permission of the Judicial Magistrate, First Class in whose jurisdiction the offence is committed or the arrest is to be made.

The right guaranteed of ‘Life and Liberty’ enshrined in Article 21 of the Constitution of India cannot be denied to a convict or accused on a trial and it is an obligation upon State to ensure that there is no infringement of the right of the citizen.

Hope it helps
Regards
Minakshi Bindhani