Can a Woman Be Arrested at Night? Know the Safeguards

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Jalna | Law & Power, a women’s legal-literacy initiative of Inner Wheel Club of Jalna Horizon, led by president Suchita Bagdiya, is drawing attention to everyday rights that women can exercise under Indian law.

Can a Woman Be Arrested at Night? Know the Safeguards

Section 43(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 generally prohibits arrest of a woman after sunset and before sunrise, except in exceptional circumstances. A woman police officer must make a written report and obtain prior permission from the jurisdictional judicial magistrate of the first class. This is a safeguard, not an absolute ban on every nighttime arrest.

What women can do

If you face this issue, record relevant facts and seek timely advice from a qualified lawyer or competent authority. Legal outcomes depend on the evidence and the applicable statutory requirements.

Adv. Ashwini Mahesh Dhannawat’s statement

“Legal awareness is the foundation of women’s empowerment. A woman who understands her constitutional and legal rights is better equipped to protect her dignity, safety and independence. Through the Law & Power initiative of Inner Wheel Club of Jalna Horizon, under the leadership of president Suchita Bagdiya, our objective is to ensure that every woman understands the law and has the confidence to seek justice.”

This educational report is part of the Law & Power awareness series. Background reading: Law Trend, ‘Ten Laws That Every Woman Should Know’ (2021). Statutory references have been updated for newer Indian criminal laws.