iconimg Saturday, May 23, 2015

HT Correspondent, Hindustan Times
Mumbai, December 22, 2012
The Bombay high court on Friday granted a compensation of Rs. 5,000 to a 56-year-old woman who was arrested after sunset.

On June 13, 2007, police officer Maruti Jadhav from the Matunga police station took Bharti Khandar to the police station around 5.45pm.

Inspector Anant Gurav arrested her at 8.45pm on the basis of a non-bailable warrant issued by the Allahabad court in connection with a cheque-bouncing case. She was produced in the court the next day, where she was released on bail.

The woman then approached the high court contending that under section 46 (4) of the Criminal Procedure Code, a woman cannot be arrested after sunset or before sunrise, without seeking permission of a metropolitan or judicial magistrate.

The division bench of justice Abhay Oka and justice Sambhaji Shinde noted that Khandar was apprehended around 5.45pm and was arrested at 8.45pm, which amounts to an illegal detention for three hours.

The Mumbai police commissioner, Satyapal Singh, in his affidavit, had said that a departmental inquiry had been ordered against the police officers.

The court also directed Singh to take disciplinary action against the police personnel who brought Khandar to the police station.