Women Arrest At Night ,Provisions Are Directory, Not Mandatory: Departmental Proceedings Against Police Officers Set Aside: Madras High Court

In a recent ruling, the Madras High Court addressed the issue of the arrest of women under Section 46(4) of the CrPC and Section 43(5) of the BNSS Act, which prohibit the arrest of women after sunset and before sunrise. The bench of Justice GR Swaminathan and Justice M Jothiraman clarified that these provisions are directory (advisory) and not mandatory, meaning they are meant to be followed but not strictly…