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Privilege of MPs does not extend to criminal cases

Privilege of MPs does not extend to criminal cases

08-08-2022 By Admin

Privilege of MPs does not extend to criminal cases

Privilege of MPs does not extend to criminal cases

    • Rajya sabha  MPs do not enjoy any immunity from being arrested in a criminal case during the Session or otherwise”.
  • In criminal matters, Members of Parliament (MPs) are “not on a different footing than a common citizen”.
  • Article 105: Under Article 105 of the Constitution, Members of Parliament enjoy certain privileges so that they can perform their parliamentary duties without let or hindrance.
    • One of the privileges is that a member of Parliament cannot be arrested in a civil case, 40 days before the commencement of the Session or Committee meeting and 40 days thereafter.
    • This privilege is already incorporated under section 135A of the Civil Procedure Code,