Report No. 135
2.3. Time of arrest.-
In the same report1, the Law Commission examined the question of the time of arrest of women and expressed the view that except in unavoidable circumstances, no woman should be arrested after sunset and before sunrise. For this purpose, the Commission recommended the insertion of a new sub-section in section 46 of the Code of Criminal Procedure, 1973, in the following terms:-
"(4) Except in unavoidable circumstances, no woman shall be arrested after sunset and before sunrise, and where such unavoidable circumstances exist, the police officer shall, by making a written report, obtain the prior permission of the immediate superior officer for effecting such arrest or, if the case is one of extreme urgency, he shall, after making the arrest, forthwith report the matter in writing to his immediate superior officer, with the reasons for arrest and the reasons for not taking prior permission as aforesaid."
This recommendation also deserves implementation without delay, in a suitable manner. We would add a further provision that the report should be sent to the competent Magistrate also. Incidentally, we may mention that a provision of the nature recommended in the earlier report was proposed in the Cr. P.C. (Amendment) Bill, 1988, clause 9 (now lapsed).
1. Law Commission of India, 84th Report (Rape and allied offences: some questions of substantive law, procedure and evidence), paras. 3.5 and 3.8 (April, 1980).