STATE OF MAHARASHTRA V. CHRISTIAN COMMUNITY WELFARE COUNCIL OF INDIA AND ORS.

The Supreme Court set practical rules for arresting women. As a general rule, avoid arrest after sunset and before sunrise. Try to have a lady constable present. But if delay will harm investigation and a lady constable is not available, the arrest may still be made with reasons recorded before or immediately after. The Court thus modified the High Court’s absolute ban and created a balanced, safeguard-based approach.

1. Can a woman be arrested without the presence of a lady constable?
2. Can a woman be arrested after sunset and before sunrise in any circumstance?

• Lady constable: Make all efforts to secure her presence at arrest.
• Exception: If not possible and waiting will hurt the investigation, the officer may arrest without a lady constable for lawful reasons, but must record reasons before or immediately after the arrest.
• Night hours: As a norm, do not arrest women after sunset/before sunrise. Proceed only if strictly necessary with written reasons and other safeguards.

The Supreme Court upheld compensation to the widow and modified the High Court’s blanket directions. It held that police should try to have a lady constable and avoid night arrests. However, if this is not possible and waiting will impede investigation, police may arrest a woman at any hour for lawful reasons, provided reasons are recorded before or immediately after the arrest.

• Safeguard-first rule: Lady constable presence and day-time arrest are the norm.
• Exception through reasons: When necessity demands, arrest can proceed without a lady constable and at night, but only with written reasons.
• Balance approach: Protect women’s dignity while ensuring effective investigation.

This case gives a workable field guide for police and a clear safety net for women. It rejects extremes and builds a rule of recorded necessity plus accountability.

Mnemonic — “LADY-R”

• Lady constable — try to ensure presence.
• Avoid night arrests as a norm.
• Delay harmful? Don’t wait.
• Your reasons — write them.
• Record before/after the arrest.

3-Step Hook:

1. Check safeguards: Lady constable and daytime?
2. Check necessity: Will delay harm investigation?
3. Check paperwork: Record reasons and proceed.

Lady Constable

A woman police official whose presence adds safety and dignity during arrest or search.

Recorded Reasons

Written justification by the officer explaining why immediate arrest was necessary.

Custodial Safeguards

Measures to protect a detainee’s dignity, safety, and rights while in police control.