Section 45 CrPC: Protection of members of the Armed Forces from arrest
Code of Criminal Procedure, 1973
Section 45 CrPC at a Glance
Section 45 CrPC deals with protection of members of the Armed Forces from arrest. From 1 July 2024 it is replaced by Section 42 BNSS.
What Section 45 CrPC Says
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.
Source: Section 45, Code of Criminal Procedure, 1973
Section 45 CrPC in Simple Words
Section 45 of the Code of Criminal Procedure, 1973 deals with protection of members of the Armed Forces from arrest.
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.
The State Government may, by notification, direct that 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, with State Government in place of Central Government.
When Section 45 CrPC Applies
- 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.
- Section 45(1) CrPC speaks of anything done or purported to be done by the member in the discharge of his official duties.
- 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.
- 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.
Example of Section 45 CrPC
When Section 45 CrPC Does Not Apply
- Section 45(1) of the Code of Criminal Procedure, 1973 speaks of a member of the Armed Forces of the Union. It does not deal with the arrest of a person who is not a member of the Armed Forces of the Union, unless a notification under Section 45(2) CrPC covers that person.
- Section 45(1) CrPC speaks of anything done or purported to be done in the discharge of official duties. It does not deal with an arrest for an act that was not done or purported to be done in the discharge of official duties.
Section 45 CrPC Under BNSS 42: What Changed
Section 45 CrPC is now covered under Section 42 BNSS.
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.
View detailed comparison (CrPC 45 vs BNSS 42) →FAQs on Section 45 CrPC
When are members of the Armed Forces of the Union protected from arrest under Section 45 CrPC?▼
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.
Can the State Government apply Section 45(1) CrPC to members of the Force charged with the maintenance of public order?▼
Yes. Under Section 45(2) of the Code of Criminal Procedure, 1973, 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. Thereupon Section 45(1) CrPC shall apply as if for the expression Central Government, the expression State Government were substituted.
Which sections does Section 45(1) CrPC apply notwithstanding?▼
Section 45(1) of the Code of Criminal Procedure, 1973 applies notwithstanding anything contained in sections 41 to 44, both inclusive.
Where is Section 45 CrPC found from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 45 CrPC is found in Section 42 BNSS. Section 45(1) CrPC maps to Section 42(1) BNSS, and Section 45(2) CrPC maps to Section 42(2) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·