Can Police Arrest An Army Officer/ Jawan ? Indian Army Special ( 2 Min Info ) - Adv. Pooja D. Patil
Note : This video was short 2 min information. Additionally, if an army/ defence personnel is arrested by the civil police ( with the consent of the Central Government ) for crimes against civilians, they may hand over the custody to the military authorities if required and asked for in certain cases.
Further,
The State Police can not arrest an army officer no matter if he is in uniform or not.
There are some protocols that the state police have to follow in case they are looking for an arrest.
The protocols are as follows :
- The state police have the authority to arrest an army officer without any permission only if he is indulged in heinous crimes like rape, murder, Kidnapping, abduction, etc.
- In all other cases, the state police are not allowed to arrest an army officer directly.
- Before arrest, the police have to present the memorandum of the arrest. Plus, an army officer can not be handcuffed.
- Apart from this, the police can not keep the army officer in custody for more than 2 hours without informing and getting permission from the nearest military station headquarters.
- The permission of the arrest will be given by the Station Commander with the rank of Major General or above.
- In case the military state headquarters denied the permission, then the state police has to hand over the officer to the military police.
- The Hon’ble judiciary of India grants the army permission to carry out the court of inquiry on the basis of the first report followed by a summary of evidence and summary general court-martial.
- Please note that the judgement of the Court Marshal is accepted and respected by the Indian civil Judiciary and the final judgement by the civil judiciary is according to the summary of the general court martial.
Recent development on Court Jurisdiction :
The Hon’ble Supreme Court in the latest judgment of The State of Sikkim vs Jasbir Singh & Anr. held that criminal court will have jurisdiction to try a case against an army personnel if the Commanding Officer does not exercise the discretion under Section 125 of the Army Act to initiate court-martial with respect to the offence.
Frequently Asked Questions :
Question: Is it possible for the state police to arrest an Air Force/ Navy officer?
Answer: No, just like Army officers, the officers of Air Force and Navy are also protected by our constitution from arrest.
Question: For how much time the state police can detain an army officer without permission from the nearest military station headquarters?
Answer: The state police can detain an army officer for up to 2 hours without permission from the nearest military station headquarters.
Question: Who from the state police can detain an army officer?
Answer: An army officer can be detained by an IPS or state police officer of the rank of equivalent or above seniority.
Question: Can an Army personnel be arrested by state police when on leave?
Answer : According to 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 *discharge of 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 about the said arrest.
Instagram : / adv_poojadeelippatil
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Пікірлер: 76
Thanks Mam,,I Respect your Justice,,Jai Hind, Vandey Mataram 😊
Really appreciated 👍👍
Thank you for your kind information 🙏🙏🙏✌🏻🔥
Oh. Exceptionally curious information.
Great work ma'am , Everyone should know this .
Great work..
Really informative and helpful.. it reminds me the case of K.M. Nanavati vs State Of Maharashtra
@AdvPoojaDeelipPatil
3 жыл бұрын
Yes indeed. The last jury trial in India 🇮🇳
Recently we know the latest case of police officers in Mumbai we should know this 👍
Jawan is very important to india
Thank You for The Info Mam
Great work mam 👍
Thank you
Supper ma'am such me muje yeh subb pataa nahi ta thank you so much aap se bahut helf huva ma'am
Thank u good message
Nice and informative
Good job mam🙏🙏
Thank mam 👍👍👍👍 u r great
Good work mam 👌👌👌
Tq medam
Jai jawan.
👍🏻👍🏻
Good medam
👍👍
Sister' i am BSF Soldier aur Agar meri civil me fight ho gayi normally to aage kya hoga
Question.. if an army personnel offduty drunk n drunk n drive misbehaved with other cvil dress out of his premises or cannt. How to complain to his higher authority or officer regarding tis
Mam agar jawan leave per kuch karegi tho
Video banayiye army law khan baremme
👍👌
Adv Pooja patil madum thx😍
👍🙏
Where is the army police station in west bengal?
This is only while discharging office duties. If the matter doesnt pertain to his official duties, he can be attested like any othrr civilain
Hi mam me like this meshes.
Maam iski jujment copy hai kya aap ke Pas...This is very helful for me
Madam when a soldier on leave at his home and someone lodge an fir against him can police arrest or hareesh?
@iSchooltfs
Жыл бұрын
No
Toking about u one civil police case mem
During leave,if police arrested a jawan for drunk or any incidents wat is d solution
Sec 45(2)&197(2) of CrPC clearly says protection only for his official duty...
@pcn2313
Жыл бұрын
In Kerala incident he is not in official duty
@lijinmohan1840
Жыл бұрын
So army person can be arrested when he is not in official duty
Can the civil police arrest a jawan while on leave if the jawan beaten some civilian and caused injury?
Ex army ko police arreste kor sakti hai?
Please help me mem
Hi mam I want lot of doubt mam wht can I do mam
Agar jawan leave per hai tho
Retired officer ko?
Or CAPF ke officer or Jawan ko ??
if police want to take revenge then they can arrest his parents is any law fir parents.
Nahi ker sakti Army jaan ha देश ke
Mam iam ningaraj hm pls help me already murder case me pasa hu isliye mere case app chalavoge
Muzo toh.. RPF ne .. Bina kisi vajah se arrest karne ki koshish ki thi mam.... Suspected
I'm Army parsan mem
Can anyone help me ?🙏please My sister's husband who is an jawan , he is badly treating my sister after marriage he is behaving so badly , kindly anyone help me to file a case on him and i want him to punish severely, he is showing the attitude that no one can do him anything as he is an army officer so he can do anything he has that garv that no one can do him anything even though he is wrong , help my sister , he should be punished, i want to teach him a lesson and make him to know the value of wife , he is torturing my sister so bad she has a new born baby , she has health issues try to plz help us 🙏, we don't have any prior knowledge that how to file case against him and on his parents for the justice, we need justice help us 🙏
I love my indian army
Can anyone help me , my jiju is and indian army officer but he is cheating my sister , he is not even taking care of her , he is thinking that we can't do anything to him , i beg you people ,plz help me 🙏🏻, how can i file a case against him , my sister is suffering a lot 😭, my mother is crying everyday , we already tried in police station, even there he used his power of money and won , the police is also became worst they didn't help a woman , plz guys help me with the solution.
@AdvPoojaDeelipPatil
3 ай бұрын
Sorry to hear. You have the following remedies : - Divorce petition - Maintenance u/s 125 CrPC - Domestic Violence petition ( depending on the complete facts ) - Sec. 498A of IPC ( again depends on complete facts ) I hope you get justice. Laws are made so people can fight for their rights. Find a trustworthy advocate and approach the Court. Hope this information helps. Take care!
Your information is partially true/hide...ok! Please look in to the matter of Kerala, big problem (torture army person in custody).give a detail video about this matter.we are ignorant about the law. 2) if a army person beat a civilian,what can we do? What be the consequences that may faced by th jawan, after this?? civilian can get justice? Democracy...
@AdvPoojaDeelipPatil
Жыл бұрын
Kindly check the description box for more detailed info
@raghhuvaranraghavantk3044
Жыл бұрын
Thank you. we are so happy and stand for justice for army person who brutally torture in 7 hours custody in KP.
Hlo mam
@ITSTURBANNATOR
Жыл бұрын
Can i ask u some thing
Partially hide..
@AdvPoojaDeelipPatil
Жыл бұрын
Kindly check the description box for more detailed info
@aniketbarad291
Жыл бұрын
@@AdvPoojaDeelipPatil how to connect u ?
Good evening ma'am, i want know about my case can you give me mobile no plz
Mem apka number send kro pl
Jawan is very important to india
Can anyone help me ?🙏please My sister's husband who is an jawan , he is badly treating my sister after marriage he is behaving so badly , kindly anyone help me to file a case on him and i want him to punish severely, he is showing the attitude that no one can do him anything as he is an army officer so he can do anything he has that garv that no one can do him anything even though he is wrong , help my sister , he should be punished, i want to teach him a lesson and make him to know the value of wife , he is torturing my sister so bad she has a new born baby , she has health issues try to plz help us 🙏, we don't have any prior knowledge that how to file case against him and on his parents for the justice, we need justice help us 🙏
Can anyone help me ?🙏please My sister's husband who is an jawan , he is badly treating my sister after marriage he is behaving so badly , kindly anyone help me to file a case on him , he should be punish severely, he is showing the attitude that no one can do him anything as he is an army officer so he can do anything he has that garv that no one can do him anything even though he is wrong , help my sister , he should be punished, i want to teach him a lesson and make him to know the value of wife , he is torturing my sister so bad she has a new born baby , she has health issues try to plz help us 🙏, we don't have any prior knowledge that how to file case against him and on his parents for the justice, we need justice help us 🙏
Can anyone help me ?🙏please My sister's husband who is an jawan , he is badly treating my sister after marriage he is behaving so badly , kindly anyone help me to file a case on him and i want him to punish severely, he is showing the attitude that no one can do him anything as he is an army officer so he can do anything he has that garv that no one can do him anything even though he is wrong , help my sister , he should be punished, i want to teach him a lesson and make him to know the value of wife , he is torturing my sister so bad she has a new born baby , she has health issues try to plz help us 🙏, we don't have any prior knowledge that how to file case against him and on his parents for the justice, we need justice help us 🙏
@user-zg2ug1ph8g
5 күн бұрын
Doesn't matter he is an officer or jawan . Just go for a good advocate. Sari hekdi nikl jayegi ek minute me. Bcz notice sidha unit bhejti hai court fir uska CO khud case apne haath me leta hai.
@user-zg2ug1ph8g
5 күн бұрын
Is he an officer or jawan ? Whatever he is it doesn't matter. Just ek accha advocate dundh lo. Wo bs ek baar me sari hekdi nikal dega. Court notice unit me bhejti hai sidha aur fir uski apne aap lg jayegi
@Dream_fortune
5 күн бұрын
@@user-zg2ug1ph8g jawan