The rule that no woman shall be arrested after sunset and before sunrise, except in exceptional circumstances, is laid down in the:

Section 46(4) of the Code of Criminal Procedure (CrPC), 1973 says that, except in exceptional circumstances, no woman shall be arrested after sunset and before sunrise.

Exceptional circumstances:

Where such exceptional circumstances exist, a woman police officer must make a written report and obtain the prior permission of the Judicial Magistrate of the First Class within whose jurisdiction the offence is committed or the arrest is to be made.

When was it added:

• This provision was added by an amendment to the CrPC that came into force in 2009.
• It followed recommendations of the Law Commission and judgments of the courts.

Other safeguards for women in arrest:

• Under Section 46(1), when a woman is to be arrested, the police should not touch her for making the arrest unless the arresting officer is a woman, unless circumstances require otherwise.
• A woman can be searched only by another woman, with strict regard to decency.
• Women must be kept in separate lock-ups from men.
• Women can be questioned at their residence, rather than being called to a police station.
• Medical examination of a woman must be done by or under the supervision of a female medical practitioner.

New criminal laws:

• The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC with effect from 1 July 2024.
• It retains the safeguard against arresting women between sunset and sunrise.

Judicial guidelines:

In the Sheela Barse case (1983), the Supreme Court laid down guidelines for the protection of women in police custody.

The D.K. Basu guidelines on arrest apply to all persons, including women.

Purpose of these safeguards:

• They protect women from harassment and abuse by the police, especially at night.
• They recognise the special vulnerability of women in custody.

About the CrPC:

The CrPC laid down the procedure for investigation, arrest, bail, trial and appeals in criminal cases.

Why not the other options?

• ✗The Indian Penal Code defined offences.
• ✗The Indian Evidence Act dealt with the rules of evidence.
• ✗The Police Act, 1861 deals with the organisation of police forces.