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Report No. 84

3.7. Section 46-Time of arrest.-

With reference to this provision [section 4(1)] of the Code of Criminal Procedure, 1973, we are further of the view that a provision should be inserted to the effect that, except in unavoidable circumstances, no woman should be arrested after sunset and before sunrise. Where such unavoidable circumstances exist, the police officer must, by making a written report, obtain the prior permission of his superior officer, or, if the case is one of urgency, he must, after making the arrest, report the matter in writing to his immediate superior officer without delay with the reasons for arrest and reasons for not taking prior permission.

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