Protection of members of Armed Forces from arrest
AI Assist
Summary
Members of the Union Armed Forces cannot be arrested for acts done or alleged to be done while performing official duties unless the Central Government gives consent. That protection applies even if other arrest rules would otherwise allow detention. A State Government can notify that the same rule will apply to forces maintaining public order; then the State's consent is required.
Example
Ravi is an Army officer accused of using excessive force while dispersing a violent crowd. The local police cannot arrest him for acts done in the line of duty unless the Central Government first gives consent.
Bare Act
Enacted 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.
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