Can Police arrest a woman after sunset and before sunrise?
NO. Law strictly prohibits arresting women between 6 PM and 6 AM without prior written magistrate sanction.
- • Section 46(4) of CrPC mandates that no woman shall be arrested after sunset and before sunrise.
- • Even in exceptional circumstances, arrest requires prior written permission of First Class Judicial Magistrate AND presence of a female police officer.
- • Male police officers are strictly forbidden from touching a woman during arrest.
- Cite Section 46(4) CrPC / Section 43(5) BNSS.
- Ask to see the written permission order issued by the Judicial Magistrate.
- Insist on the immediate presence of a woman police officer and your legal counsel (Article 22(1)).
- Immediately call 112 or Women Helpline 1091.
Can police summon a woman, child under 15, or senior citizen to the police station for questioning?
NO. Law forbids calling women or minors to the police station as witnesses. Questioning must take place at their residence.
- • The proviso to Section 160(1) CrPC strictly provides that no male under 15 years or female of any age can be required to attend any place other than their own residence.
- • Police must visit the woman's residence in civil clothes or with a female officer.
- • Police notice ordering a woman to appear at the station for witness statement is null and void.
- State firmly: "Under Section 160(1) of CrPC, women cannot be summoned to the police station. You may record the statement at my home in the presence of my family."
- Do not accompany police to the station without a lawyer.
- Contact Women Helpline 1091 or District Legal Services Authority.
Can an abusive spouse or in-laws throw a woman out of her matrimonial home?
NO. Women have a legally protected right to reside in their shared matrimonial household under the Domestic Violence Act.
- • Section 17 of the DV Act grants every woman in a domestic relationship the right to reside in the shared household, regardless of property ownership.
- • A Magistrate can pass immediate Protection Orders and Residence Orders restraining the abuser from dispossessing her or entering her room.
- • Monetary relief, maintenance, and child custody can be granted urgently within days.
- Call 1091 (Women Helpline) or 181 immediately for emergency shelter and police protection.
- File an application before the local Judicial Magistrate or Protection Officer (PO) for an immediate Residence Order.
Do daughters have equal inheritance rights in ancestral property as sons?
YES. Supreme Court in Vineeta Sharma affirmed that daughters are coparceners by birth with rights equal to sons in ancestral property.
- • Daughters possess equal birthrights in ancestral property regardless of whether their father was alive in 2005.
- • Married daughters retain their coparcenary rights in their parents' ancestral property unconditionally.
- Obtain family tree genealogical records and ancestral land revenue documents (Khatauni/ROR).
- File a suit for partition and separate possession before the Civil Court if male relatives deny your legal share.
Is every company obligated to maintain an Internal Complaints Committee for women's safety?
YES. Any organization employing 10 or more people MUST constitute an Internal Complaints Committee (ICC) headed by a senior woman.
- • ICC must consist of at least 50% women members and include an external NGO member.
- • Employer failing to constitute an ICC faces cancellation of business licenses and statutory fines.
- Submit a written complaint to the Presiding Officer of the ICC within 3 months of the incident.
- The committee must conclude inquiry within 90 days with strict confidentiality.
Can an adult pregnant woman terminate pregnancy up to 24 weeks without spousal consent?
YES. Supreme Court in X v. Principal Secretary affirmed that reproductive autonomy belongs solely to the woman; husband or family consent is NOT required.
- • Applies equally to married and unmarried women.
- • Registered Medical Practitioners must strictly protect the woman's medical confidentiality.
- Consult a registered gynecologist at a government hospital or approved MTP clinic.
- Your medical consent alone is legally sufficient for the procedure.
Can a separated or divorced woman claim immediate maintenance for herself and children?
YES. Section 125 CrPC / Section 144 BNSS mandates that applications for interim maintenance must be disposed of within 60 days from the date of service of notice.
- • Supreme Court in Rajnesh v. Neha made it mandatory for both spouses to file comprehensive Affidavits of Assets and Liabilities.
- • Maintenance is calculated according to the husband's actual earning capacity and living standard.
- • Failure to pay maintenance leads to attachment of salary or civil imprisonment.
- File an application under Section 125 CrPC / 144 BNSS before the Family Court with an Affidavit of Assets.
- Request urgent interim maintenance orders within 60 days for day-to-day food, schooling, and shelter expenses.