Code:
(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.
Explanation:
This section provides protection from arrest to members of the armed forces. It requires that before an arrest warrant issued by a court can be executed on a member of the armed forces, the officer in command of the unit to which the member belongs must consent to the arrest. This provision aims to ensure the smooth functioning and discipline of the armed forces and to avoid disruption of their duties.
Illustration:
Imagine a soldier stationed at a remote location is accused of a crime. A court issues a warrant for his arrest. However, the soldier’s unit is on high alert, and his absence could compromise their operations. In this case, the police officer holding the warrant will have to contact the soldier’s commanding officer and seek their consent for the arrest. The commanding officer, considering the operational needs and the seriousness of the alleged crime, may decide to grant or withhold their consent.
Common Questions and Answers:
Q: Who is protected under Section 45?
A: This section applies to all persons subject to the Army Act, 1950, the Navy Act, 1950, or the Air Force Act, 1950, meaning all members of the Indian armed forces, including officers and enlisted personnel.
Q: Can an officer in command refuse consent for arrest?
A: Yes. The officer in command has the discretion to refuse consent, especially if the arrest would hinder the performance of the armed forces’ duties.
Q: Is this a complete immunity from arrest?
A: No. Section 45 simply requires consent from the officer in command. If consent is granted, the arrest can proceed. It doesn’t mean the accused cannot be arrested.
