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(Guest)

No women shall be arrested after sunset and before sunrise w

 

No women shall be arrested after sunset and before sunrise without permission of JMFC

 

Even if the contention of the Respondent-State is accepted that, there are more than 200 bailable/non-bailable warrants issued by the various Courts against the Petitioner, that would not entitle the Police Officers to take the law in

their own hands and in fragrant violation of the aforesaid provisions, arrest the person. The Respondents-Police Officers are bound by the provisions of the Code and they cannot be heard to say that, they could have arrested the Petitioner in breach of provisions of the Code in general and sub-section (4) of Section 46 of the Code in particular, since more than 200 bailable/non-bailable warrants are issued against the Petitioner. The Police Officers acting in their official capacity/duties cannot frustrate the legislative intent, which grants protection to woman by virtue of insertion of sub-section (4) to Section 46 of the Code, which in clear words prohibits the Police Officers to effect arrest except there are unavoidable circumstance. Even if unavoidable circumstance exist, only with a prior permission of the Judicial Magistrate, First Class, a woman can be arrested after sunset and before sunrise. It is true that, in exceptional circumstances, in an appropriate case, the arrest of women after sunset and before sunrise may be necessary. However, unless the procedure laid down under sub-section (4) of Section 46 of the Code is followed, no woman can be arrested at the whims and wills of the Police Officers.
 
Bombay High Court
Mrs. Bharati S. Khandhar vs Shri. Maruti Govind Jadhav, Psi on 21 December, 2012
Bench: A.S. Oka, S. S. Shinde


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