44. Arrests by Magistrate.—(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
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 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 the provisions of that sub-Section shall apply as if for the expression” Central Government” occurring therein, the expression “State Government” were substituted.
STATE AMENDMENT
Assam.—For Sub-Section (2) of Section 45, the following sub-section shall be substituted, namely.—
“(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply.—
(a) To such class or category or category of the members of' the Forces charged with the maintenance of public order, or
(b) To such class or category of other public servants [not being persons to whom the provisions of sub-Section (1), apply] charged with the maintenance of public orders, as may be specified in notification, whenever, 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.
[Vide President’s Act 3 of 1980, Section 2 (w.e.f. 5-6-1980)].
