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Your rights

What are women's rights during arrest?

Short answer

Women have special protections — no arrest at night, female officer required.

Understanding the issue

Women have specific rights during arrest: (1) Cannot be arrested between sunset and sunrise except in exceptional circumstances with written order of magistrate, (2) Must be arrested by a female police officer, (3) Must be kept in separate lock-up, (4) Medical examination only by female doctor, (5) Cannot be called to police station for questioning — police must go to her residence, (6) Statement must be recorded at her residence. These are legal requirements that police must follow.

Laws that apply

  • BNSS Section 43 — Arrest of women
  • BNSS Section 36 — Procedure of arrest
  • BNSS Section 179 — Women cannot be called to the police station
  • DK Basu v. State of West Bengal — Guidelines for arrest