Madras HC On Arresting Women After Sunset

A Recent Ruling

The Madras High Court has held that prohibiting arrest of women after sunset and before sunrise, without the permission of a judicial magistrate, as given in Section 46(4) of the CRPC is rather directory in nature and not mandatory.

Section 46(4) of CRPC

The court bench of Justices G.R.Swaminathan and M. Jothiraman said that according to the Section 46(4) of CRPC, there has not been given any consequences of non compliance of the requirement, had the provision been mandatory there would have definitely been a provision for the result of non compliance. Since the provision for non compliance is not present thereby it should be understood that the legislature did not intend for the provision to be mandatory and it was rather a directorial remark. 

Institutional Reforms

In this case, the judgment may lead to revised guidelines for the police to handle women’s arrests. The police could implement mandatory training for the officers to assure proper adherence of Section 46(4) of CrPC which will enforce accountability, transparency of procedure and also gender sensitive policing through the different departments.

Police Conduct and Public Trust

This judgment serves as a deterrent against the violations that are made during the procedure which compels the law enforcement to act within the confines of the legal framework. By ensuring adherence to to CrPC section 46(4) the verdict promotes regaining and restoration of public trust in the police force. This judgment reassures the citizens especially women that their rights will be protected against any arbitrary arrests made. This ruling is going to influence both police behaviour as well as the perception of the public.

Conclusion

This case serves as a very strong reminder that the rights of the women should be protected during legal procedures at any cost. By following proper regulations before making any arrests of women at night— the judgment is facilitating fairness accountability and trust in the system of justice. This makes the law enforcement more responsible and the process more transparent. This stands to set precedent for future cases that protect against procedural violations in the system.