Section-42 BNSS – Bhartiya Nagarik Suraksha Sanhita, 2023 & equivalent Cr.P.C. Section

Section-42 of Bhartiya Nagarik Suraksha Sanhita, 2023: Protection of members of Armed Forces from arrest – with corresponding and equivalent Sections of Cr.P.C.-Criminal Procedure Code.

Bhartiya Nagarik Suraksha Sanhita, 2023Code of Criminal Procedure, 1973 (corresponding section)
42. (1) Notwithstanding anything contained in 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.
45. Protection of members of the Armed Forces from arrest.—(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.

please share your comments or questions...