Code of Criminal Procedure (Amendment) Act, 2005 amended Code of Criminal Procedure, 1973 to
include sub-section 4 in section 46.
As per section 46 of the amended Act, a woman (also read girl) cannot be arrested after sunset
and before sunrise, save in exceptional circumstances.
As per the
aforesaid provision if exceptional circumstances exist to make the arrest of a
woman after sunset and before sunrise, the woman police officer by making a
written report obtain prior permission of Judicial Magistrate of First class.
Thus a woman (read also girl) can refuse to go to police
station or to accompany police after sunset and before sunrise and if police
insists can demand order in this respect from Judicial Magistrate of First
Class.