Code of Criminal Procedure, 1973 · Section 45

CrPC 45 in BNSS: Section 42

Section 45 of the Code of Criminal Procedure, 1973 corresponds to Section 42 of the Bharatiya Nagarik Suraksha Sanhita, 2023. CrPC 45 deals with protection of members of the Armed Forces from arrest. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024, replacing the CrPC.

Code of Criminal Procedure

CrPC 45 is now BNSS 42.

Protection of members of the Armed Forces from arrest

Carried over
Old wording kept in full
Old · CrPC 1973 · Ch. V
s. 45
Protection of members of the Armed Forces from arrest
(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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. V
s. 42
Protection of members of Armed Forces from arrest.
(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
Text from India Code

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