CrPC Section 45 — Protection of members of the Armed Forces from arrest

Summary

Sub-section (1) says that, despite sections 41 to 44, a member of the Union Armed Forces cannot be arrested for something done or purportedly done while carrying out official duties unless the Central Government has first given its consent.

Sub-section (2) allows a State Government, by notification, to apply sub-section (1) to a specified class or category of members of a force responsible for maintaining public order, wherever they are serving. For those members, references to the Central Government in sub-section (1) are treated as references to the State Government.

Official Text

(1) 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.

(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.

Sections referred to

• CrPC §41 — When police may arrest without warrant
• CrPC §42 — Arrest on refusal to give name and residence
• CrPC §43 — Arrest by private person and procedure on such arrest
• CrPC §44 — Arrest by Magistrate

Old <-> New Code Mapping

• BNSS §42 — Protection of members of Armed Forces from arrest