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,