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Laws regarding arrest of Indian Army personnel (soldier) by Police

As a citizen of India we always wish and hope that our soldiers would never get arrested. But we should know, what happens if they got arrested by local(state) police.



Here it is described that what are the roles of police in charging an army personnel and what are the rights of army personnel. These laws are very hard to understand for a common man/woman. so, these laws are simplified enough to grasp within minutes of reading. 
First thing to take into consideration is when you see "army" that means its "Indian army" and when you see Armed forces it includes Army, Navy and Airforce and CAPF(CRPF, BSF, ITBP, SSB etc).


1. How local police could arrest an army personnel?

- According to CRPC Section 45, no member of the Armed Forces can be arrested by civil police for anything done or purported to be done by him in his official duties, except with the consent of the Central Government.
- In other cases the civil police can arrest but is immediately required to inform the Commanding Officer of that army personnel about the said arrest.

2. What happens after arrest by the police?

-  According to Army Act,1950 Section 125, It shall be in the discretion of the officer commanding the Army, Army Corps, Division or Independent Brigade in which the accused person is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and if that officer decides that they should be instituted before a Court Martial(army court), to fulfill that the accused person shall be detained in military custody.

After arrest and decision of where proceeding to be carried out. Everything goes under the umbrella of court.

If you see from the perspective of army they never forgive their personnel for any kind of crime whether it is as small as losing their ID card, as army is all about discipline.
There are many rights and laws regarding army personnel like debts arrest, immunity from tolls, fire arms etc.

But here we have tried to solve many questions which arises into many fellow Indian's curious brains because we love our army.

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