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Regarding Arrest of Armed Forces personnel
29-May-2023 (In Criminal Law)
Sir we had fought with our neighbors, they had filed a false case against us with ipc 452,323,506 and 34. My elder brother and me both are defence personnel. they tried to target our job by filing false case sir please let me know what we can done in that situation...can we get bail without arrest. Sir As per Code of criminal procedure 1973 section 45 member of armed forces shall not be arrested by civil police without permission of Central government .
Is it true or not?
Dear querist,
Yes, you are right as per section 45 of the criminal procedure code it has been stated that the Army personnel cannot be arrested without the order of the Central government. But that section is applicable when the army personnel is on his duty if you are order on a vacation, then section 45 of the CRPC has a limited application. Consequently in my advice you have to file a bail application before the court if your matter is at investigation state. A separate bail application has to be filed just to be on the safer side for arrest.
Yes, you are right as per section 45 of the criminal procedure code it has been stated that the Army personnel cannot be arrested without the order of the Central government. But that section is applicable when the army personnel is on his duty if you are order on a vacation, then section 45 of the CRPC has a limited application. Consequently in my advice you have to file a bail application before the court if your matter is at investigation state. A separate bail application has to be filed just to be on the safer side for arrest.
Helpful?
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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hello client yes it is true . but there are glitch also tht it is a civil matter or it is a criminal matter ot it is a matter of some conspiracy as well . in this matter yes you can get bail as well issue will ve there but you can get bail from the court if only in the condition if a criminal advocate who knows laws of the land very well then only you can get bail if ur interested then pls contact me so i am. able to help you thanks.
Helpful?
13+
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Yes that is correct. And you can go with anticipatory bail as well.
Arrest can only be made after intimating the commanding officer of the reporting regiment.
You can also ask for quashing of an FIR if the FIR has been lodged
Arrest can only be made after intimating the commanding officer of the reporting regiment.
You can also ask for quashing of an FIR if the FIR has been lodged
Helpful?
18+
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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