Sanhita.ai

Code of Criminal Procedure

(CRPC)

Protection of members of the Armed Forces from arrest.

Chapter 5: Arrest Of Persons

Section: 45

(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.

ASSAM.- Sub-section (2) of Section 45 of the Code shall be substituted by the following :-"(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply -(a) to such class 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 order,as may be specified in the notification, 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. [Assam (President's) Act 3 of 1980, Section 2, w.e.f. 5-6-1980]

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