BNSS Section 42 — Protection of members of Armed Forces from arrest

Summary

Members of the Union’s Armed Forces cannot be arrested for anything they did or claimed to have done while carrying out their official duties, unless the Central Government first gives its permission. This rule overrides the general arrest provisions in sections 35 and 39 to 41 of this Act. The State Government can issue a notification to extend this same protection to any category of forces that maintain public order, no matter where they are serving. In that case, the State Government’s permission is required instead of the Central Government’s.

Official Text

(1) Notwithstanding anything contained in section 35 and sections 39 to 41 (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.

(2) 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.

Related Judgments

• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §45 — Protection of members of Armed Forces from arrest