Arresting a Woman

Last updated on Jul 12, 2022

Apart from all the rules that need to be followed while making an arrest, the police also have to keep a few important things in mind while arresting a woman. They are: 

  • A woman cannot be arrested after sunset and before sunrise (unless in exceptional circumstances). 
  • A lady constable has to be present when a woman is being arrested. 

In the exceptional circumstance when the woman has to be arrested at night, the woman police officer has to take permission in writing from the local Judicial Magistrate. 

However, to some extent, the Supreme Court has relaxed this rule. If the arresting officer is reasonably satisfied that if the lady officer is not available and the delay in getting the lady officer would impede/obstruct the investigation, he can carry on with arresting the woman. But he has to provide, in his arrest memo, the reasons and circumstances for his actions either before the arrest or immediately after. 

How useful was this post?

Click on a star to rate it!

Average rating 5 / 5. Vote count: 1

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Guide to Accessing Safe Abortions

The Nyaaya Guide to Accessing Safe Abortions aims to highlight the rights available to women accessing abortions and the processes to be followed for a safe and legal abortion. 

LGBTQ+ Persons Arrested By the Police

When police officers want to arrest you for any crime or suspicion of any crime, they may come to your location and arrest you. While arresting you, the details of the arrest, place of arrest, time of arrest etc will be written down in an Arrest Memo.
Crimes and Violence

Guide to Lawful Protesting

The Guide to Lawful Protesting helps you understand your right to protest as a citizen and empowers you with the knowledge of how to carry out lawful protests.
citizen rights icon

Powers of police and authorities – Search, Seize and Arrest

Police officers have wide powers to search and arrest people in drug-related crimes and in many cases, without a warrant.

Guide on the Rights of Transgender Persons in India

This Guide discusses the general provisions in the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
citizen rights icon

Guide for Survivors of Sexual Harassment at the Workplace

This guide by Nyaaya and Ungender helps those who have faced sexual harassment at the workplace to navigate the legal process in such situations.