A district court can pass a verdict against a PM & order to be put in custody

A Session Judge can pass any sentence authorized by law- sentence to death is subject to confirmation by High Court.

Assistant Session Judge can pass sentence, Imprisonment up to 10 years or/ and fine.

For criminal cases, like all MPs, she/he can be arrested anytime. She/he can be arrested in the name of preventive detention and contempt of court as well.

For civil cases, she/he enjoys some immunity. Prime Minister is a member of parliament. Members of parliament cannot be arrested during the session of parliament and 40 days before beginning of session and 40 days after the end of session (Article 105). There are 3 sessions of parliament in a year. Lok Sabha sits for around 70 days a year.

So there are 310 days out of 365 in which they cannot be arrested for civil cases.

Cases can be filed against the sitting Prime Minister , and he/she can even be called for cross examination by the Indian Courts.

If found guilty by courts , irrespective of being the sitting Prime Minister he/she has to abide by whatever sentence the court proclaims.

Prime Minister of India doesn’t enjoy any immunity. He can be prosecuted, tried and put behind bars like any Indian Citizen.

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