Protection of members of the Armed Forces from arrest :
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.
STATE AMENDMENTS
ASSAM
| ■ | Sub-section (2) | |
| Sub-section (2) is to be read as under : | ||
| (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” was substituted – vide Assam Act No. 3 of 1980.
COMMENTS
Immunity to members of Armed Forces – When a member of the Armed Forces of the Union is deputed for the protection of public property in a State or for other such purposes, it may happen that one or more persons may do or attempt to do something in regard to which such member may be called upon to take action. Such action may expose him to the possibility of being arrested and prosecuted by the police. To meet such or similar situations, a qualified protection has been given to such member requiring the previous consent of the Central Government for the arrest of any such member. It has also been provided that the immunity granted to members of Armed forces of the Union could also be extended to specific categories of members of the Forces charged with the maintenance of public order in the States if the concerned State Government so desires.