What is Protection of members of the Armed Forces from
arrest? Arrest how made? Section 45 and 46 of Code of Criminal
Protection of members of the armed forces from arrest and
how arrest made are defined under Section 45 and 46 of CRPC
1973. Provisions under these sections are:
Section 45 of CRPC. "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"
Section 46 of CRPC. "Arrest how made?"
(1) In making an arrest the police officer or other person
making the same shall actually touch or confine the body of the
person to be arrested, unless there be a submission to the
custody by word or action.
(2) If such person forcibly resists the endeavour to arrest
him, or attempts to evade the arrest, such police officer or
other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death
of a person who is not accused of an offence punishable with
death or with imprisonment for life