Delhi court reprimanded for arresting a woman outside statutory hours

The Delhi Police was given a rap on the knuckles by a court for allegedly making an illegal arrest of a woman. The woman was arrested during the night of 25 September by a male police officer. Now the court has asked DCP North to file a reply over the illegal arrest. The ACP and an investigation official have also been asked to file a reply by the court. 

Delhi Police pulled up by the Metropolitan Magistrate

"No woman shall be arrested after sunset and before sunrise and where such exceptional circumstances exist, the woman police officer shall make a written report and take prior permission of the judicial Magistrate," said Niti Suri Mishra, the Metropolitan Magistrate, Tis Hazari Court while pulling up the Delhi Police for arresting a woman illegally. 

According to the information, an Assistant Sub-Inspector (ASI) had arrested a woman at 2 am for allegedly being in possession of illegal liquor. As per the case diary, the ASI thereafter produced the accused before duty MM at 4 am the same day. 

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A violation of the statutory rights of the accused

Citing section 46 (4) CrPC the Metropolitan Magistrate castigated the ASI saying, "Save for exceptional circumstances, no police can arrest any woman after the sunset and before the sunrise and if at all an arrest is to be made only a woman official can make a written report and take permission of the judicial magistrate first." The Magistrate further noted that this arrest was a violation of the statutory rights of the accused and also a violation of the protection of life and personal liberties guaranteed under article 21 of the constitution.  "Let notice be issued to ACP Operation Cell North, DCP North and the ASI to explain why the illegal arrest was made," noted the Magistrate. 

The woman was arrested thereafter and a case under section 33 of the Excise Act was made out against her. A total of 34 pouches of illegal alcohol was found in her possession. Later the magistrate granted her bail on a bail bond of Rs 15000. Speaking to Republic TV, a senior police official on the condition of anonymity said that the ASI was scolded by the senior police official for the violation. The official mentioned that a departmental inquiry was about to be initiated into this matter.

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