Facts of the Case
- A Member of Parliament (MP) is alleged to be directly involved in a murder case.
- The question arises whether a police officer has the power to arrest an MP and how the arrest procedure and trial will proceed.
- Murder is a serious cognizable offence under the IPC.
Issues in the Case
- Can a Member of Parliament be arrested by the police in a murder case?
- Does the MP enjoy any immunity from arrest under the Constitution?
- What is the procedure for arrest, and which court has jurisdiction to try the case?
Principles Associated With It
- Under Section 302 of IPC, murder is a cognizable and non-bailable offence.
- Article 105(2) of the Constitution provides limited immunity to MPs for speech and vote in Parliament only—not for criminal acts like murder.
- As per Section 41 of CrPC, a police officer may arrest a person without a warrant if the offence is cognizable.
- An MP can be arrested like any other citizen in such cases.
- Section 80 and 81 of CrPC deal with arresting members of Parliament and producing them before a Magistrate.
- The Speaker of the Lok Sabha or Chairman of the Rajya Sabha should be informed of the arrest, detention, or release of a sitting MP.
- The Sessions Court is competent to try murder cases under Section 194 CrPC.
Judgement
- A police officer can arrest a Member of Parliament if there is credible evidence of his involvement in murder.
- No prior permission is required from the Parliament for arrest.
- However, intimation must be sent to the Speaker/Chairman of the House regarding the arrest.
- The case will be tried by a Sessions Court, as per the jurisdiction laid down in the CrPC.