As a general rule, a woman should not be arrested after sunset and before sunrise. Section 43(5) of the BNSS provides a procedure for prior permission in exceptional circumstances.

In exceptional circumstances, a woman police officer must submit a written report and obtain prior permission from the competent Magistrate of the First Class. Therefore, saying that ‘an arrest can never take place at night’ is incomplete. The law also provides additional safeguards concerning the search of a woman, her dignity and medical examination.

What should you do now?

1. Ask for information about the officer taking action, the police station and the case mentioned.
2. Ask about the grounds for the nighttime arrest and the required permission.
3. Immediately inform a family member, advocate or legal aid organisation.

What documents should you keep?

Keep any notice, the time of arrest, available documents and details of the officers concerned.

Avoid this mistake

The rules for questioning, being summoned as a witness and arrest are different; do not apply one rule to every situation.

A hypothetical example

If the police arrive at night to arrest a woman, information about the time, police station and stated permission is important. Instead of escalating the dispute at that moment, inform family and an advocate and raise the issue of procedural safeguards in an appropriate manner.

Can a male officer search a woman?

The law provides that a personal search must be conducted by a woman, with due regard to dignity.

Legal basis and useful source

• Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 35–58, 173–175, 187, 478–483, 528, 531

This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.