Protection of members of the Armed Forces from arrest
AI Assist
Summary
Members of the Armed Forces cannot be arrested for acts done or purported to be done while performing official duties unless the Central Government gives consent. A State Government may notify that the same protection applies to specified forces that maintain public order, in which case State Government consent is required. Arrests without the required consent are barred.
Example
Ravi, a soldier on duty, used force to stop a violent crowd. Local police wanted to arrest him for the incident, but they cannot do so unless the Central Government consents. If his unit were covered by a state notification, the State Government's consent would be needed instead.
Bare Act
Enacted 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.
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