Section 45 · Protection of members of the Armed Forces from arrest
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(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 Governmen"t were substituted.
(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 Governmen"t were substituted.
In the new law
CrPC 45BNSS 42
42. Protection of members of Armed Forces from arrest.
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