AI Overview...
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Female Arrest after Sunset and before Sunrise - The Gauhati High Court has consistently held that arresting women between sunset and sunrise without proper authorization is illegal, violating statutory provisions such as Section 46(4) of the Cr.P.C. Deepa vs S.Vijayalakshmi - Madras, S.Anitha, Inspector of Police vs S.Vijayalakshmi - Madras, COURT ON ITS OWN MOTION VS ANIL DUREJA - Delhi.
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Statutory Mandates for Female Arrests - Section 46(4) of the Cr.P.C. prohibits arresting women after sunset without prior permission from a Magistrate. Arrests made without following this procedure are deemed illegal, leading to quashing of such arrests and issuing of writs for relief Deepa vs S.Vijayalakshmi - Madras, S.Anitha, Inspector of Police vs S.Vijayalakshmi - Madras.
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Search Procedures for Women - The High Court emphasizes that women should be searched only by female officers unless specific circumstances arise, and searches by male officers without a female accompaniment violate the law. However, in certain cases, assistance of female officers is permissible, and no strict requirement exists that searches must always be conducted by females Lissy VS State Of Kerala, Represented By Public Prosecutor - Kerala, Reshma VS The Commissioner of Police - Delhi.
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Disciplinary and Procedural Violations - Courts have directed disciplinary actions against police officials for illegal arrests and searches, especially when procedures under the NDPS Act and Cr.P.C. are not followed, such as failing to record reasons for searches or arrests conducted during prohibited hours Tanuja Roy D/o Lt. Pijoosh Kanti Roy VS State of Assam - Gauhati, Md. Jainulabdin @ Nahamacha ; State of Manipur VS State of Manipur; MD. Sirajuddin ; Sheivam Madraji - Gauhati.
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Court's Approach to Dignity and Rights - The Gauhati High Court underscores respecting women's dignity during police procedures, emphasizing that violations of procedural safeguards, especially during arrests after sunset without proper authorization, breach constitutional rights under Article 226 Reshma VS The Commissioner of Police - Delhi.
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Overall Conclusion - The Gauhati High Court has reinforced that arrests of women after sunset and before sunrise without prior judicial approval are illegal. Proper procedures, including the presence of female officers during searches and adherence to statutory mandates, are essential to uphold women's rights and prevent unlawful detention Deepa vs S.Vijayalakshmi - Madras, S.Anitha, Inspector of Police vs S.Vijayalakshmi - Madras, Lissy VS State Of Kerala, Represented By Public Prosecutor - Kerala.
References:
- Deepa vs S.Vijayalakshmi - Madras, S.Anitha, Inspector of Police vs S.Vijayalakshmi - Madras, Lissy VS State Of Kerala, Represented By Public Prosecutor - Kerala, COURT ON ITS OWN MOTION VS ANIL DUREJA - Delhi, Tanuja Roy D/o Lt. Pijoosh Kanti Roy VS State of Assam - Gauhati, Md. Jainulabdin @ Nahamacha ; State of Manipur VS State of Manipur; MD. Sirajuddin ; Sheivam Madraji - Gauhati, Reshma VS The Commissioner of Police - Delhi, Sundaresan Alias Meganathan Alias Mega VS State - Madras, Lalthakima, S/o T. Chhunga VS State of Mizoram - Gauhati
Search Results for "Female Arrest after Sunset and before Sunrise Gauhati High Court"
2025 0 Supreme(Mad) 4669 • India - BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, M.JOTHIRAMAN
(A) Criminal Procedure Code, Section 46(4) - Breach of statutory mandate on the arrest of women - The court held that the arrest ... of the writ petitioner was illegal due to non-compliance with Section 46(4) which prohibits arresting women after sunset without ... ... ... Findings of Court: ... The arrest was deemed illegal due to a breach of the statutory provision, leading to the a....
2025 Supreme(Online)(Mad) 19770 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, J
(A) Criminal Procedure Code, 1973 - Section 46(4) - Illegal arrest of a woman after sunset without prior permission of a Magistrate ... , culminating in the writ petitioner's illegal arrest without proper procedure. ... The writ petitioner's husband faced threats from his brother regarding business premises, leading to a series of complaints and arrests ... It forbids arrest of women between sun....
2012 0 Supreme(Ker) 95 • India - Kerala
V.K.MOHANAN
the vanity bag of the female accused. ... officer when the accused is female as no provision is held under the act for the same - Female officer can be assisted for searching ... Code, 1973, Sections 46 and 51(2) - Police officer are entitled to conduct the search and it is not mandatory that there must be a female ... In the Division Bench decision of the Gauhati High Court#HL....
2016 0 Supreme(Del) 4512 • India - Delhi
MANMOHAN
The accused filed an application under Section 46(4) Cr.P.C. alleging illegal arrest. ... High Courts. ... Issues: Violation of Section 46(4) Cr.P.C., jurisdiction of subordinate courts to make a reference to the High Court for civil ... Calcutta High Court, Gauhati High Court, Gujarat High Court, ....
• India - Gauhati
UJJAL BHUYAN
cause as to why a writ in nature shall not be issued directing suitable disciplinary action to be taken against the respondent for arrest ... Commissioner and Secretary to Government, Home Department, is directed to deposit aforesaid amount of before Registrar General of High ... Court, within a period of 6 weeks from date of receipt of a certified copy of this order - Petitioner to receive the said amount ... In no case shall they remain w....
1990 0 Supreme(Gau) 182 • India - Gauhati
S.N.PHUKAN, Y.IBOTOMBI SINGH
Finding of the Court: The court found that the provisions of the Act regarding authorization, arrest, search, and seizure ... Ratio Decidendi: The court held that the provisions of the Act, including authorization, arrest, search, and seizure, were ... The trial court accepted the prosecution's story but acquitted the accused on technical grounds, citing lack of authorization for ... ....
2004 0 Supreme(Gau) 51 • India - Gauhati
TINLIANTHANG VAIPHEI
Issues: Violation of arrest and search procedures under Section 42 and Section 50 of the Act Ratio Decidendi: The court ... The arrest and search procedures followed by the police were challenged. ... Narcotic Drugs and Psychotropic Substances Act - Arrest, Search, and Seizure - Section 42, Section 50 Fact of the Case:(4) No female shall be searched by anyone excepting a female. ... 7A.....
2024 0 Supreme(Del) 512 • India - Delhi
SWARANA KANTA SHARMA
legal framework for the arrest and search of women, emphasizing the need for police to respect dignity while balancing public safety ... (Paras 6-12) ... ... Findings of Court: ... The court found that while the dignity of women must ... under Article 226 - Petitioner, a pardanashin woman, alleged violation of her dignity and rights during police investigation - Court ... Moreover, it specifies that, ordinarily, no woma....
1993 0 Supreme(Mad) 269 • India - Madras
K.SWAMIDURAI, K.VENKATASWAMI
Ratio Decidendi: The court relied on various High Court and Supreme Court judgments to hold that the provisions of Sections ... He contended that the mandatory provisions of the NDPS Act were not followed, including informing him of the grounds of arrest and ... the petitioner of the grounds of arrest and reducing into writing the belief from personal knowledge that the petitioner was i....
2023 0 Supreme(Gau) 1116 • India - Gauhati
SOUMITRA SAIKIA
knowledge – Only argument was that it was not recovered from their conscious possession – Evidence adduced before the learned Trial Court ... or search without a warrant between sunrise and sunset and this provision does not mandate that he should record his reasons of ... But under the proviso to Section 42(1) if such officer has to carry out such search between sunset and sunrise, he must record the .......
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