(1) Notwithstanding anything contained in section 35 and 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.
This section outlines the legal protection afforded to members of the Armed Forces of the Union against arrest for actions taken in the course of their official duties. It establishes that such arrest can only occur with the consent of the Central Government. Additionally, State Governments may extend similar protections to specific categories of force members responsible for maintaining public order.
A: It states that no member of the Armed Forces can be arrested for actions taken during official duties without the consent of the Central Government.
A: Yes, State Governments can notify that the provisions of this section apply to certain classes or categories of force members charged with maintaining public order.
A: Consent from the Central Government is required for any arrest related to official duties.
A: Yes, the section allows State Governments to specify certain categories of members to whom these provisions apply.
1. Example 1: If a soldier is involved in a disciplinary action during a riot, they cannot be arrested without prior consent from the Central Government.
2. Example 2: A state police force may not arrest a member of the paramilitary forces engaged in public order maintenance without following the proper consent protocols.
Section 42 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides critical legal protections for members of the Armed Forces against arrest while performing their official duties. It emphasizes the requirement of Central Government consent for such arrests and allows for state-level extensions of these protections for specific force members.
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