On May 3, 2023, the Central government provided extended protection to the personnel of the Central Armed Police Forces (CAPF) along with the personnel of the Armed forces of the Union Of India deployed in the Union territories of Jammu and Kashmir and Ladakh as per Section-45 of the Criminal Procedure Code (CRPC)
In an official communication to his unit, a CRPF (Central Reserve Police Force) said- “Earlier it was not applicable to the state of Jammu and Kashmir as the Ranbir Penal Code 1989 was applicable there. After the abrogation of Article 37 of the Constitution of India, a proposal was moved by the law department to the MHA (Ministry of Home Affairs) for issuing instructions on the applicability of Section 45 of CRPC in 1973 to the troops deployed in Jammu and Kashmir as well.
Now the MHA in consultation with the government of J&K (Law Department, Justice and Parliamentary Affairs) and the Ministry of Law and Justice (GOI-Government of India) has agreed to our proposal and accorded approval to extend protection under Section 45 of CrPC, 1973, to all Force personnel deployed in UT of J&K and Ladakh,”
An official said that legal cases can still be registered against the personnel, but investigation officers must follow more legal processes for their arrest. It applied to the armed forces earlier, but now it will be applicable to Indian Security Forces in J&K and Ladakh.
As per the CRPC, Section-45, “Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the armed forces of the Indian 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 Central Government.
The state government may by notification direct that the provisions of Sub-Section-1 shall be applied to such class and category of the members of the force charged with the maintenance of public order as specified therein and wherever they may be serving and thereupon the provisions of the sub-section shall apply as if for the expression ‘State Government’ were substituted.”
