Can police arrest a woman at night?

Real-life examples

What should you do?

1. 1Ask the reason for the arrest and whether a woman police officer is present.
2. 2If it is after sunset, ask to see the Magistrate's written permission.
3. 3Insist that any body search is done only by a woman, and the medical check-up by or under a female doctor.
4. 4Inform a relative or friend and contact a lawyer. Can't afford one? Call NALSA at 15100.
5. 5Note the officers' names and badge numbers, and tell the Magistrate about any rule that was broken when you are produced.
6. 6For harassment or violence by police, call the women helpline 181 or complain to the NCW.

Official legal reference

• Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 43(5)

  No woman to be arrested after sunset and before sunrise, except in exceptional cases with a Magistrate's prior permission sought by a woman officer.

  Earlier: CrPC Section 46(4)Read the official text

• Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 43(1) proviso

  A woman's submission to custody on being told of arrest is presumed; a male officer should not touch her unless circumstances require.

  Earlier: CrPC Section 46(1) provisoRead the official text

• Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 49(2), 53(1)

  A woman's body search must be done by another woman, and her medical exam by or under a female doctor.

  Earlier: CrPC Sections 51(2), 54(1)Read the official text

• Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 179(1) proviso

  A woman cannot be required to go anywhere other than where she lives to be questioned as a witness.

  Earlier: CrPC Section 160(1) provisoRead the official text

• Sheela Barse v. State of Maharashtra (1983)

  Supreme Court: women suspects should be kept in separate lock-ups guarded by women constables, and questioned in the presence of women officers.

Where to get help