CrPC Section 45
Section 45 of the Criminal Procedure Code (CrPC), 1973 – Protection of Members of the Armed Forces from Arrest
Text of the Section:
"(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."
Detailed Explanation:
1. Introduction:
Section 45 of the CrPC provides protection to members of the Armed Forces from being arrested without prior sanction from the Central Government. It also allows similar protection to certain State forces, with prior notification.
2. Purpose:
The main aim of this section is to:
Ensure that members of the Armed Forces are not unduly harassed or arrested for actions taken in the course of their official duties.
Prevent interference in military or paramilitary operations carried out in good faith.
Maintain the chain of command and discipline within the Armed Forces.
3. Key Provisions:
Sub-section (1):
Applies to members of the Armed Forces of the Union (like Army, Navy, Air Force).
Protection from arrest under Sections 41 to 44 of CrPC without Central Government consent.
Applies when the act was done (or claimed to be done) in discharge of official duty.
Even if the action seems illegal, if it was connected to the official role, this protection applies.
Sub-section (2):
Allows the State Government to extend similar protection to members of State Forces (e.g., State Police, Home Guards, etc.).
Protection applies after a notification by the State Government.
Once notified, State Government consent is required (instead of Central Government) before arrest.
4. Scope and Limitations:
Protection is not absolute immunity; it only delays arrest until proper consent is given.
Applies only to acts done in official capacity; not for personal crimes.
Consent is needed before arrest, but not necessarily before investigation.
5. Related Provisions:
Section 197 CrPC provides similar protection against prosecution of public servants.
Sections 41 to 44 CrPC deal with arrest by police officers and private persons.
6. Judicial Interpretation:
Supreme Court in N. K. Ghosh v. State of Assam: Held that determining whether an act was done in official duty depends on the facts of each case.
Acts must have a reasonable connection with official duty to claim protection.
Courts have ruled that misuse of this section to cover up personal wrongdoing is not allowed.
7. Examples:
A soldier who uses force while dispersing a riot, believing it to be necessary under official orders, would be protected.
However, if the same soldier commits a personal crime like theft or assault unrelated to duty, no protection applies.
Conclusion:
Section 45 of the CrPC safeguards members of the Armed Forces (and certain State Forces) from being arrested for actions carried out in their official capacity without prior approval from the Central or State Government. This provision balances the need for operational freedom and discipline in the armed services with accountability, ensuring that personnel acting in good faith during duty are not wrongfully prosecuted or harassed.
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