Women protestors manhandled, detained after sunset, claim netizens: What does the law say?
The core statutory protection governing nighttime detentions expressly prohibits the arrest of women after sunset and before sunrise, except in strictly monitored situations, legal experts tell LiveMint.
Protests demanding the resignation of the Chief Election Commissioner in Delhi have sparked outrage online after reports emerged of women protestors being manhandled and detained by male police personnel after dark. This incident has raised questions about the protections afforded to women under the recently enacted Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.
Section 43(5) of the BNSS prohibits the arrest of women between sunset and sunrise, with the exception of genuine, compelling circumstances. This exception requires a written report from a female officer and prior permission from a Judicial Magistrate First Class. Legal experts have stated that routine protest policing does not qualify as such an exception, and the restriction applies from sunset, not 6 PM.
If a woman is detained without lawful authority, she can seek legal remedies through the High Court or Magistrate's court.
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