By: Dr.Javid Iqbal AFSPA as per the latest reports is sought to be replaced by two clauses of ‘Criminal Procedure Code’ [CrPC] section 45 and Section 197-A. While section 45 deals with protection of members of the Armed Forces from arrest, section 197-A deals with prosecution of civil servants. As per section 45 “No member of the Armed Forces of 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.” Section 197-A relates that no courts will take cognizance of an offence committed by a public servant “while acting or purporting to act in the discharge of his official duty” until a sanction was accorded by the Central Government. The question remains that is either legal enough to be called law or old wine in new bottles! On the face of it each appears to be a replica of the other, in that both imply sanction of central government to proc...
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