BNSS Section 42: Protection of members of Armed Forces from arrest
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 5: Arrest of Persons
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¶42.
(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.
Study: explanations and related material
Replaces CrPC 45. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 35. When police may arrest without warrant
- 36. Procedure of arrest and duties of officer making arrest
- 37. Designated police officer
- 38. Right of arrested person to meet an advocate of his choice during interrogation
- 39. Arrest on refusal to give name and residence
- 40. Arrest by private person and procedure on such arrest
- 41. Arrest by Magistrate
- 43. Arrest how made
- 44. Search of place entered by person sought to be arrested
- 45. Pursuit of offenders into other jurisdictions
- 46. No unnecessary restraint
- 47. Person arrested to be informed of grounds of arrest and of right to bail
- 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend
- 49. Search of arrested person
- 50. Power to seize offensive weapons
- 51. Examination of accused by medical practitioner at request of police officer
- 52. Examination of person accused of rape by medical practitioner
- 53. Examination of arrested person by medical officer
- 54. Identification of person arrested
- 55. Procedure when police officer deputes subordinate to arrest without warrant
- 56. Health and safety of arrested person
- 57. Person arrested to be taken before Magistrate or officer in charge of police station
- 58. Person arrested not to be detained more than twenty-four hours
- 59. Police to report apprehensions
- 60. Discharge of person apprehended
- 61. Power, on escape, to pursue and retake
- 62. Arrest to be made strictly according to Sanhita