Provisions Against Arrest Of Women At Night Are Directory, Not Mandatory : Madras High Court

The Madras High Court ruled that the prohibition on arresting women after sunset and before sunrise under CrPC Section 46(4) and BNSS Act Section 43(5) is a directory, not mandatory. 

It emphasized that non-compliance does not invalidate the arrest but requires justification.

The court quashed departmental action against a Head Constable and an Inspector but upheld action against a Sub-Inspector who failed to disclose full facts.

The ruling balanced law enforcement efficiency with procedural safeguards, noting that strict adherence could hinder justice.

The judgment clarified that the appeal was maintainable as it did not fall under criminal jurisdiction.