The Ministry of Home Affairs has recently extended protection from arrest to personnel belonging to the central armed police forces and the armed forces of the Union of India who are deployed in the Union Territories of Jammu and Kashmir and Ladakh. This protection is given under section 45 of the Code of Criminal Procedure, which states that no member of the armed forces of the Union shall be arrested for anything done or purported to be done by them in the discharge of their official duties, except after obtaining the consent of the Central government.
Earlier, this protection was only applicable to the armed forces, but now it will also apply to all forces deployed in Jammu and Kashmir and Ladakh. The CRPF official explained that before the repeal of Article 370 of the Constitution of India, this protection was not applicable to Jammu and Kashmir, as the Ranbir Penal Code, 1989, was applicable there. After the repeal, a proposal was made by the law department to the Ministry of Home Affairs for extending the applicability of Section 45 of CrPC, 1973, to the troops deployed in Jammu and Kashmir. The proposal has now been approved by the MHA, in consultation with the government of Jammu and Kashmir and the Ministry of Law and Justice.
LEGAL CASES CAN STILL BE REGISTERED
However, it is important to note that legal cases can still be registered against the personnel, but for their arrest, the investigation officers would have to follow more legal processes. This means that while they cannot be arrested without the consent of the Central government, they are still subject to legal proceedings. This move by the MHA is aimed at ensuring the safety and security of the forces while they perform their duties in these sensitive areas.
APPLICATION OF SECTION 45 OF CRPC
As per Section 45 of CrPC, 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. Thereupon, the provisions of that Sub-Section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.
AT THE END
The extension of protection from arrest to all forces deployed in Jammu and Kashmir and Ladakh is a welcome move by the MHA. It ensures that the personnel are able to perform their duties in a safe and secure environment. However, it is important to remember that while they are protected from arrest without the consent of the Central government, they are still subject to legal proceedings if cases are registered against them. Overall, this move is a positive step towards improving the safety and security of forces deployed in sensitive areas.
(Inputs from Indian Express)
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