Which of the following provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 prohibits the arrest…
Section 43(5) of the BNSS (formerly section 46(4) CrPC) is the relevant provision. Save in exceptional circumstances, a woman cannot be arrested after sunset and before…
Choose your answer
Which of the following provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 prohibits the arrest of women after sunset and before sunrise without the prior permission of the Judicial Magistrate?
Answer and explanation
Correct answer A
Section 43(5) of the BNSS (formerly section 46(4) CrPC) is the relevant provision. Save in exceptional circumstances, a woman cannot be arrested after sunset and before sunrise. In exceptional circumstances a woman police officer must make a written report and obtain prior permission from the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made. Section 43(4), by contrast, limits causing death while making an arrest; section 35 is the general police power of arrest without warrant and section 41 deals with arrest by a Magistrate.
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