Can Civil Police Arrest any Exserviceman or Soldier ?

Many a  times it has been noticed that the civil police arrested the Army/Naval/AF or Coast Guard Personnel due to offence committed  by them .  Do you know , how far is it legal ? What are the legal provisions on the matter related to arrest of Army persons by civil police ? Get answer of all your querries here.

In general, the offence committed by any Army, Navy or AF personnel / officers is trialed by the court arranged by Army /Navy/AF at thier own administrtive ways. In this regrd Manual of Military Law and Army/F Act 1950 provided the detailed guidelines for them.

The provisions of law applicable to Defence Combatant personnel and officers are as under :

As per Section 45 of Indian Criminal Procedure Code (CrPC) 1973  the Civil Police Can’t arrest any Army Personnel and Army officers (including  AF and Navy)  (while on duty) without permission of Central Govt.

As per Section 197(2) of Indian Criminal Procedure Code (CrPC) 1973  No Magisrate court/civil court  can give order to arrest the Army Personnel and Army officers (including  AF and Navy) without permission of Central Govt.

Exception of the Law related to power to arrest the Army Personnel  by civil police. According   Section 70 of Army Act 1950 , Section 72  Air Force Act  1950 and equivalent Naval Act and Indian Cost Guard  Act 50 of 1978  civil police can arrest a soldier, sailor or airman/ officers for committing following nature of offence :

(a)  Murder
(b)  Rape
(c)  Culpable Homicide

N.B. This article is for only educational purpose. It can not be treated as authority for application in any legal matter.

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