DGP told to instruct cops against detaining women after sunset: Bombay HC

Bombay High Court

According to the prosecution, the lady had around 200 non-bailable warrants against her in connection with cases of cheque bouncing.

The Bench held that the procedure followed by the concerned police officers was "totally illegal and contrary".

"The intention of the Legislature to add subsection (4) to Section 46 of the Code was to give special protection to a woman from arrest after sunset and before sunrise, unless there exist exceptional circumstances for such arrest, and that too with prior permission of the Judicial Magistrate, First Class on a written report made by the Woman Police Officer," the court said.

Directing the Commissioner to initiate inquiry against the two police officers, the court also ordered for a compensation of Rs 5,000 to be paid to Khandhar.

The inquiry has to be completed within three months and appropriate action has to be taken within a month thereafter.

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