Can the police charge and try serving military men for any kind of offence like accident, rape, murder, etc?

Question

After arresting will the police continue to detain the offending officer/jawan and produce in court or is it required to hand them over to the Military Police?

Answer 1

DEFINATELY NOT.
IT REQUIRES PERMISSION OF THE CENTRAL GOVERNMENT TO CHARGE / ARREST ANY SERVING SOILDER/OFFICER OF MILITARY.
IF HE IS OFF DUTY THEN POLICCE MAY DIRECTLY CHARGE/ARREST HIM BUT POLICE SHOULD THERE AFTER INFORM THE UNION.

CODE OF CRIMINAL PROCEDURE 1973

Sec. 132. Protection against prosecution for acts done under preceding sections.
(1) No prosecution against any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any Criminal Court except-
(a) With the sanction of the Central Government where such person is an officer or member of the armed forces;

(b) With the sanction of the State Government in an other case.
(2)
(a) No executive Magistrate or police officer acting under any of the said sections in good faith;

(b) No person doing any act in good faith in compliance with a requisition under section 129 or section 130;

(c) No officer of the armed forces acting tinder section 131 in good faith;

(d) No member of the armed forces doing any act in obedience to any order which was bound to obey,
Shall be deemed to have thereby, committed an offence.

(3) In this section and in the preceding sections of this Chapter, -
(a) The expression “armed forces” means the military, naval and air forces, operating as land forces and includes any other Armed Forces of the Union so operating;

(b) “Officer,” in relation to the armed forces, means a person commissioned, Gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer of' the armed forces a non-commissioned officer and a non-Gazetted officer.

(c) “Member” in relation to the armed forces, means a person in the armed forces other than an officer.

Answer 2

The police can detain them until they make bond or have their day in court. Once the court is over then they may be released. They may also defer their charges and allow the military police to handle some crimes.
Need more info to make absolute answer.

Answer 3

I think the question was are there any exceptions for people in the military. The first didn't fit, accident the answer is yes and no, depends on the conditions. The rest are felonies. The answer is yes, they can be arrested and detained. The privilege or exception is listed.

"Privilege of militiamen and members of military forces"

All officers, warrant officers, and enlisted personnel who are in the actual service of this state or the United States are privileged from arrest and imprisonment during the time of their actual service except for treason, felony, or breach of the peace. MCL 600.1825(3).

Privilege from arrest and imprisonment; exemption from levy of execution, seizure, or attachment; adjournment of pending law suits; forfeitures; seizure or sale of chattels; utilities. MCL 32.517.

Answer 4

Any military person is subject to the same laws as any civilian, so to answer your question Yes they can be charged with any offense and go to jail also they would be subject to military punishment after sentencing in court

Answer 5

No. they need special permission. army has their own arrangement for punishing persons for offences committed outside army establishment. Criminal proceedure code makes it obligatory for the police to seek and obtain permission before army personnel, public servants and judges are prosecuted.

Answer 6

absolutely and will refer the charge to military the UCMJ and depending on the branch it will be send to either the naval investigative service or the cid both or the FBI no free ride

Answer 7

Yes, being in the military doesn't gve you special rights except for carrying a gun in public .

Answer 8

They can not only be prosecuted by their local police, afterwards they will be handed over to the military for them to prosecute!! Double whammy!!

Answer 9

Yes, and the military will probably have punishments of their own.

Answer 10

Absolutely yes...