Lok Sabha Question No. 424 (UNSTARRED), answered on 2023-02-03
Subject: Protection of Defence Personnel
Ministry: DEFENCE
Asked by: N.K. Premachandran

## GOVERNMENT OF INDIA MINISTRY OF DEFENCE DEPARTMENT OF MILITARY AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 424

TO BE ANSWERED ON 03 rd  February, 2023

## PROTECTION OF DEFENCE PERSONNEL

## 424. SHRI N.K. PREMACHANDRAN:

Will the Minister of DEFENCE be pleased to state:

- (a)    whether  the  Government  ensures  the  protection  of  Defence  Personnel  from  the  local police;
- (b)  if so, the details of protection provided to the Defence Personnel against the harassment by local police;
- (c)  whether the local police in-charge of law andorder is legally liable to report the action taken against the Defence personnels alleging the charge of crime, if so, the details of action taken thereon;
- (d)    whether  the  Government  is aware  of  thereport  regarding  the  manhandling  of  Defence personnels at Kilikolloor Police Station, Kollam in Kerala, if so, the details thereof;
- (e)  whether the Defence Department initiates action to protect the Defence Personnel, if so, the details of the action taken thereon; and

(f)  whether the Government proposes to ensure adequate protection to Defence personnels and their family members, if so, the details thereof?

## A  N  S  W  E  R

## MINISTER OF STATE

## IN THE MINISTRY OF DEFENCE

(a) to (f):  'Police' and 'Public Order' are State subjects under the Seventh Schedule to the Constitution of India. The State Governments are competent to deal with maintaining the law and order, protection of life and property of the citizens including actions on the basis of any specific or perceived threat situation.

The  relevant  acts  of  the  Armed  Forces  do  provide  privilege  from  arrest  to  their personnel for debt under any process issued by or by the authority of any civil or revenue court  or  revenue  officer.  However,  it  is  stated  that  the  privilege  from  arrest  is  on  civil  or revenue process only and there is no privilege from arrest on any criminal process except as provided  in  section  45  and  475  of  the  Code  of  Criminal  Procedure  (Cr.PC.)  Additionally, under section 197 of Code of Criminal Procedure, prior sanction from a competent officer is needed to prosecute a government servant for alleged criminal act done in discharge of his official  duty  and  no  court  shall  take  cognizance  of  such  offence  except  with  the  previous sanction of the Central Government.

All statutory provisions mentioned above are meant to provide protection to Armed Forces  Personnel  for  any  act  done  on  furtherance  of  their  official  duties.  These  statutory safeguards are not applicable to their family members. However, in all cases, every possible assistance is provided to such personnel and their families by their Commanding officer or the nearest military authority.

(SHRI AJAY BHATT)

The Government does ensure protection of Armed Forces Personnel, in their places of duty/operation. During their leave, while provision of physical security by the Armed Forces is not feasible, the service personnel, if required, are provided protection by the police itself or  they  approach  the  local  military  authorities,  through  their  parent  units  for  any  kind  of assistance.

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