In a judgement passed on March 16, Justice Anita Sumanth directed the State to frame such guidelines within eight weeks of the order.
Section 46 (4) of the CrPC prohibits arrest of a woman after sunset except in special circumstances. Even in such special circumstances, a woman can be arrested after sunset only by or in the presence of a woman police officer and after filing a written report and obtaining prior permission of a the judicial magistrate first class within whose local jurisdiction the offence is committed or the arrest is to be made.
The High Court said that both the requirements are mandatory and that CrPC does not provide any elbowroom for any deviation from either of the mandates.
“I believe that it would be, in the fitness of things, for the authorities to apply their mind to this question and frame appropriate guidelines to ensure compliance with the mandates under Section 46(4) even in exceptional, urgent and emergent situations.…Let suitable guidelines be issued in this regard. Guidelines, as directed above, be framed and placed before the Court within a period of eight (8) weeks from date of receipt of a copy of this order,” the single-judge directed.
The Court was hearing a petition filed by a woman journalist seeking a compensation of ₹25 lakh for her arrest in 2012. The petitioner-woman had been arrested follow a complaint by an AIADMK member claiming the woman had been distributing pamphlets against the then Chief Minister J Jayalalithaa.
However, she was arrested at 10 pm and while a woman police officer was present, the police had not obtained the Magistrate’s prior permission.
The police, however, argued that the woman had been distributing the provocative pamphlets to a politically charged crowd and she had been arrested to avoid law and order issues. Therefore, given the exceptional circumstance, the need for prior permission could be dispensed with. The police had filed the written report after the arrest, it was submitted.
Source: Barandbench
