High Court Fines CBI for Arresting Woman After Sunset

Published on 21 May 2018 by Shivi

Section 46(4) of the CrPC states that an arrest of a woman after sunset and before sunrise is not permitted. The provision states that no women shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

However, recently, the provision was grossly violated by the CBI in PNB case or Nirav Modi case, when the CBI illegally arrested Kavita Manikikar after sunset. A petition has been filed by her for the illegal arrest as per the Section 46(4) of the CrPC with the Bombay HC.

As per CBI, she was considered to be the authorised signatory of the firms owned by Nirav Modi because of which she was arrested after sunset violating the provisions of Section 46.

The Bombay High Court held that there is a violation of Article 21 that includes right to life and liberty and also held the arrest illegal. As it is the duty of the state to ensure that rights of the citizens are not violated. Even the accused are not to be denied their right to life and liberty. Thus the bench comprising Justice S.J. Kathawalla and Justice Bharti Dangre by holding the arrest illegal also held the complete violation of law.

The Bombay HC Bench disposed of the petition by ordering the CBI to pay Rs. 50,000 to Kavita Manikikar for the illegal arrest and also clarified that the agency is free to recover the cost from erring officers responsible for the violations.

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