CrPC 45→BNSS 42

CrPC 45 to BNSS 42: Protection of members of the Armed Forces from arrest

Section 45 CrPC (1973) replaced by Section 42 BNSS (2023)

View CrPC Section 45 →View BNSS Section 42 →

CrPC 45 to BNSS 42 at a Glance

Section 45 CrPC (Protection of members of the Armed Forces from arrest) is now Section 42 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 45 to BNSS 42?

Section 45 of the Code of Criminal Procedure, 1973 became Section 42 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 42(1) BNSS reads notwithstanding anything contained in section 35 and sections 39 to 41, both inclusive, where Section 45(1) CrPC read notwithstanding anything contained in sections 41 to 44, both inclusive. The heading reads members of Armed Forces where Section 45 CrPC read members of the Armed Forces. The rest of the text, and Section 42(2) BNSS, have the same text as Section 45 CrPC.

CrPC 45 vs BNSS 42: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section4542
HeadingProtection of members of the Armed Forces from arrestProtection of members of Armed Forces from arrest
Sub-sections2 sub-sectionsSame
Cross-referencess.41s.35

CrPC 45 and BNSS 42: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 45, CrPC 1973

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.
BNSS 2023 (in force)

Section 42, BNSS 2023

42. Protection of members of Armed Forces from arrest.—(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.

When It Applies: CrPC 45 vs BNSS 42

Under CrPC 45
  1. Under Section 45(1) of the Code of Criminal Procedure, 1973, 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. Section 45(1) CrPC speaks of anything done or purported to be done by the member in the discharge of his official duties.
  3. Under Section 45(2) CrPC, the State Government may, by notification, direct that the provisions of Section 45(1) CrPC 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.
  4. Under Section 45(2) CrPC, thereupon the provisions of Section 45(1) CrPC shall apply as if for the expression Central Government occurring therein, the expression State Government were substituted.
Under BNSS 42
  1. Under Section 42(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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. Section 42(1) BNSS speaks of anything done or purported to be done by the member in the discharge of his official duties.
  3. Under Section 42(2) BNSS, the State Government may, by notification, direct that the provisions of Section 42(1) BNSS 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.
  4. Under Section 42(2) BNSS, thereupon the provisions of Section 42(1) BNSS shall apply as if for the expression Central Government occurring therein, the expression State Government were substituted.

What CrPC 45 to BNSS 42 Means in Practice

From 1 July 2024, protection of members of Armed Forces from arrest is found in Section 42 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 45 of the Code of Criminal Procedure, 1973. 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, or the State Government where a notification under Section 42(2) BNSS applies.

FAQs: CrPC 45 to BNSS 42

Is the text on arrest of members of the Armed Forces of the Union the same in Section 42 BNSS?▼

Yes, apart from the sections named. Under Section 42(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as under Section 45(1) of the Code of Criminal Procedure, 1973, 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. Section 45(1) CrPC maps to Section 42(1) BNSS, and Section 45(2) CrPC maps to Section 42(2) BNSS.

Which sections does Section 42(1) BNSS name in place of the sections named in Section 45(1) CrPC?▼

Section 45(1) of the Code of Criminal Procedure, 1973 read notwithstanding anything contained in sections 41 to 44, both inclusive. Section 42(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads notwithstanding anything contained in section 35 and sections 39 to 41, both inclusive.

Did the State Government power under Section 45(2) CrPC change in Section 42(2) BNSS?▼

No. Section 42(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 45(2) of the Code of Criminal Procedure, 1973. The State Government may, by notification, direct that Section 42(1) BNSS 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, as if for the expression Central Government, the expression State Government were substituted.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·