CRPC §45 → BNSS §42
Protection of members of the Armed Forces from arrest
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Comparison
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.
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. Right of arrested person to meet an advocate of his choice during interrogation. Arrest on refusal to give name and residence. Arrest by private person and procedure on such arrest. Arrest by Magistrate. Protection of members of Armed Forces from arrest.
What changedAI-inferred
Protection of members of armed forces from arrest.
Old position
CrPC 45 is concerned with Protection of members of the Armed Forces from arrest. Protection of members of the Armed Forces from arrest
New position
BNSS 42 preserves the framework with drafting modernisations as required by the new code. Topic: members of Armed Forces. 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
BNSS 42 (members of Armed Forces) preserves the framework of CrPC 45. BNSS 42 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 42 text: Notwithstanding anything contained in section 35 and...
Editorial deltaAI-indicated (source-linked)
BNSS 42 (members of Armed Forces) preserves the framework of CrPC 45. BNSS 42 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 42 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 45 continues to apply. For matters from that date forward, BNSS 42 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 42 (members of Armed Forces). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §45 → BNSS §42 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/45.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.