CaseMinister
CaseMinister › Sections › CrPC › Section 45

CrPC Section 45 in BNSS: Section 42

Protection of members of the Armed Forces from arrest

Section 45 of the Code of Criminal Procedure, 1973 (Protection of members of the Armed Forces from arrest) corresponds to Section 42 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

Text of BNSS Section 42

42. (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.

Arrest how made.

Full BNSS Section 42 and every CrPC section it replaced →

Ask CaseMinister about CrPC 45 / BNSS 42

Get the judgments that apply this section, with the paragraph relied on in each and what later Benches said about it. Two answers free on WhatsApp, no signup.

← CrPC 44CrPC 46 →