Can Members of Armed Forces Be Arrested

Adequate protection for members of armed forces from arrest and prosecution is contained in Section 45 of the Code of Criminal Procedure, 1973.

By virtue of Section 45 the members of the Armed Force cannot be arrested except upon previous sanction of the Central Government.

# Protection of members of the Armed Forces from arrest

Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government. [S. 45 (1)]

The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted. [S. 45 (2)]

STATE AMENDMENT

Assam : For Sub-section (2) of section 45, the following sub-section shall be substituted, namely:-

“(2) The State Government may, by notification, direct that the provisions of subsection (1) shall apply.-

(a) to such class or category or category of the members of’ the Forces charged with the maintenance of public order, or

(b) to such class or category of other public servants [not being persons to whom the provisions of sub-section (1), apply] charged with the maintenance of public orders, as may be specified in notification, whenever, they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “state Government” were substituted.

  • [Vide President’s Act 3 of 1980, sec. 2 (w.e.f. 5-6-1980)]

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