BNS Section 151 – Assaulting President, Governor, etc , with intent to compel or restrain the exercise of any lawful power

IPC Section – 124

Cognizable offence
punishable with imprisonment of either description for
a term not exceeding seven years and with fine.

Assaulting President, Governor, etc , with intent to compel or restrain the exercise of any lawful power

149.Whoever, with the intention of inducing or compelling the President of India, or Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 

Assaulting President, Governor, etc., with Intent to Compel or Restrain the Exercise of Lawful Power (BNS-151)

1. What is the Offence?

This law criminalizes assaulting or wrongfully restraining high-ranking officials such as the President of India or the Governor of any State with the intent to compel or restrain them from exercising their lawful powers.

2. Key Elements of the Offence

• Target Individuals:
  • President of India.
  • Governor of any State.
• Intent:
  The act must be done with the intention of compelling or restraining the official from exercising their lawful powers.
• Criminal Acts Involved:
  • Assault: Physical attack.
  • Wrongful Restraint: Preventing the free movement of the official.
  • Overawing by Criminal Force: Using force or intimidation to control their decisions or actions.

3. Punishment

• Imprisonment: Up to 7 years, and
• Fine.

4. Type of Offence

• Cognizable: Police can arrest without a warrant.
• Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by the Court of Session.

5. Purpose of the Law

• The law aims to protect the autonomy and authority of high-ranking officials.
• It ensures that they can exercise their lawful powers without threats, coercion, or intimidation.

Summary of the Offence