In India, members of parliament (MPs) and members of the legislative assembly (MLAs) have certain privileges and immunities under the Constitution of India, which are intended to ensure that they can perform their duties as legislators without fear of arrest or intimidation. However, these privileges and immunities are not absolute and are subject to certain exceptions.
According to the Constitution of India, an MP or MLA cannot be arrested or detained in any criminal case while the House in which they are a member is in session, and for 40 days before the session and 40 days after the session. In addition, they can’t be arrested for a non-bailable offense without the permission of the Speaker or Chairman of the House in which they are a member.
However, MPs and MLAs can be arrested for certain types of offenses even during their tenure, such as:
They can be arrested for offenses for which the punishment is imprisonment for less than 2 years without the need for the Speaker or Chairman’s permission.
They can be arrested for an offense committed outside the House.
They can be arrested if the House is not in session or if the 40-day period before or after the session has elapsed.
They can be arrested if they are caught committing a crime or if they are accused of committing a non-bailable offense and there is evidence to support the accusation.
They can be arrested if they are accused of committing a crime in relation to the exercise of their duties as an MP or MLA.
It is important to note that the arrest of an MP or MLA is subject to the discretion of the police or investigating authorities and the decision of a court of law if the matter goes to trial.
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