Introduction of Section 151 BNS
151 BNS provides legal protection to India’s highest constitutional authorities, including the President of India and the Governors of States. It criminalizes the use of assault, force, or threats intended to compel or restrain them from exercising their lawful powers. By prescribing punishments of up to 7 years of imprisonment and a fine, this section ensures that no one can intimidate or coerce these key officials into unlawful decisions. Section 151 replaces the older IPC Section 124, modernizing the provision in clearer language.
The Bharatiya Nyaya Sanhita (BNS) Section 151 replaces the old Indian Penal Code (IPC) Section 124.
What is BNS Section 151 ?
BNS Section 151 defines the crime of assaulting or using force against the President, Governor, or other high-ranking officials to coerce them into exercising or refraining from exercising their lawful authority. This is a grave offense as it directly challenges the authority of the government. The law punishes such acts with imprisonment, which may extend up to 7 years, along with a fine.
BNS 151 assault President
Whoever, with the intention of inducing or compelling the President of India, or the Governor of any State, or any other such authority, to exercise or refrain from exercising in any manner any of their lawful powers, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes by criminal force or the show of criminal force, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation of Section 151
Section 151 of the BNS punishes assault, use of force, or intimidation against the President, Governors, or similar high officials with the intent to compel them into exercising or restraining their lawful powers.
- Who is Protected → The President of India, Governors of States, and similar constitutional authorities.
- Acts Covered → Assault, wrongful restraint, or even the threat of force to overawe or intimidate.
- Intention is Key → The purpose must be to compel or restrain these officials in exercising their legal powers.
- Punishment → Up to 7 years of imprisonment + fine.
- Offense Classification:
- Cognizable → Police can arrest without a warrant.
- Non-bailable → Bail cannot be claimed as a right.
- Non-compoundable → Cannot be settled outside court.
- Trial by Court of Session → Due to seriousness, trial lies with higher courts.
Key Elements of Section 151
- Protects High Constitutional Offices → Ensures independence of the President, Governors, and similar officials.
- Covers Assault & Restraint → Any use of physical or criminal force is punishable.
- Covers Threats Too → Even the show of force is enough to attract this section.
- Intention to Compel or Restrain → Actions must aim to interfere with lawful powers.
- Imprisonment up to 7 Years → Reflects the seriousness of such offenses.
- Fine Alongside Jail → Additional financial penalty may be imposed.
- Cognizable → Police can act without prior court permission.
- Non-bailable → Accused cannot easily secure bail.
- Non-compoundable → No compromise allowed between parties.
- Tried in Court of Session → Highest level of trial court due to severity.
Examples of BNS Section 151
Example 1 – Physical Restraint:
A group forcibly prevents a Governor from attending a legislative function to stop them from signing a bill.
This falls under Section 151 as wrongful restraint of a constitutional authority.
Example 2 – Threat of Force:
Protesters surround the President’s residence, displaying weapons and threatening violence unless a law is repealed.
Even without physical assault, this is punishable under Section 151 for overawing by criminal force.
Why Section 151 is Important
- Protects Rule of Law → Ensures top constitutional authorities remain free from pressure or intimidation.
- Maintains Democratic Balance → Prevents misuse of force to influence governance.
- Deters Serious Threats → Strict punishment discourages attempts to restrain or compel leaders.
- Modernized from IPC 124 → Expanded scope to include “similar officials” and clearer drafting.
Section 151 BNS Overview
BNS Section 151 makes it a crime for anyone to assault, use force, or even attempt to intimidate the President, Governor, or similar officials with the intention of compelling them to act in a certain way or stopping them from exercising their legal powers. The punishment for this offense is imprisonment of up to 7 years, along with a fine.
Sec 151 BNS Overview (10 Key Points in Detail)
- Protection of Constitutional Authorities: Section 151 ensures the protection of high officials, such as the President and Governors, from any form of coercion through violence or criminal force.
- Assault or Criminal Force: The law covers any form of assault or criminal force, including attempts to overawe or intimidate these officials into acting against their lawful authority.
- Intent to Coerce: The key factor is the intention behind the action. If someone tries to make an official act in a way that violates their legal duties or prevents them from exercising their lawful powers, it falls under this section.
- Wrongful Restraint: Even preventing an official from carrying out their duties through restraint, such as physically stopping them from performing a task, is punishable under this section.
- Criminal Show of Force: The section also punishes attempts to use force, even if the force is not carried out but only threatened in an intimidating manner.
- Imprisonment: The punishment can extend up to 7 years of imprisonment, depending on the severity of the offense.
- Liable to Fine: In addition to imprisonment, the offender may also be required to pay a fine, as determined by the court.
- Cognizable Offense: Since this is a serious crime, the police can arrest the accused without a warrant. The offense is considered a threat to national governance.
- Non-Bailable Offense: Due to the serious nature of this crime, the offense is non-bailable, meaning the accused cannot easily get bail and must go through the court proceedings.
- Court of Session: The trial for offenses under Section 151 is conducted in a Court of Session due to the high stakes involved with such crimes.
BNS Section 151 Examples
- Example 1: A person tries to stop the Governor from signing an important law by physically restraining them and threatening to use force. This person can be charged under Section 151 for using criminal force with the intent to prevent the Governor from exercising their lawful powers.
- Example 2: A group of individuals protests outside the residence of the President, showing weapons and making threats to intimidate the President into overturning a law. Even if no violence occurs, this show of force would be punishable under Section 151 as an attempt to overawe the President.
BNS 151 Punishment
Imprisonment: A person convicted under this section can be sentenced to up to 7 years in prison.
Fine: Along with imprisonment, the offender is also liable to pay a fine, which is decided by the court.
BNS 151 bailable or not ?
BNS Section 151 is non-bailable, meaning the accused does not have an automatic right to bail. The court will decide based on the facts of the case.
Comparison: BNS Section 151 vs IPC Section 124
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 151 | Protects the President, Governors, and similar constitutional authorities from assault, force, or threats intended to compel or restrain them from exercising lawful powers. | Imprisonment up to 7 years and fine. | Non-bailable | Cognizable | Court of Session |
| IPC Section 124 (Old) | Earlier law criminalizing assault or restraint of the President or Governors to compel or prevent exercise of their lawful powers; less inclusive language for similar officials. | Imprisonment up to 7 years and fine. | Non-bailable | Cognizable | Court of Session |
BNS Section 151 FAQs
What is BNS Section 151 about?
BNS Section 151 deals with using force or threats against the President, Governor, or other high-ranking officials to compel or stop them from exercising their lawful powers.
What is the punishment under BNS Section 151?
The punishment can be imprisonment for up to 7 years, along with a fine.
Is BNS Section 151 a bailable offense?
No, BNS Section 151 is a non-bailable offense.
What does “cognizable” mean in BNS Section 151?
A cognizable offense means the police can arrest the person without a warrant.
Who handles the trial for offenses under BNS Section 151?
The trial is conducted by a Court of Session, as the offense is serious in nature.
Can the offense under BNS Section 151 be settled out of court?
No, the offense is non-compoundable, meaning it cannot be settled privately and must go through the legal process.
Conclusion
BNS Section 151 is a vital safeguard for democratic governance. It upholds the independence and dignity of the President, Governors, and other high authorities by ensuring they remain free from coercion, intimidation, or physical restraint. As a cognizable, non-bailable, and non-compoundable offense, it empowers the police to take swift action while ensuring that only a Court of Session can try such serious cases. This law reinforces the principle that threats to constitutional offices are threats to the very stability of the Indian State.
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Finished with BNS 151 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- Section 152 BNS : Acts endangering sovereignty unity and integrity of India.
- https://marriagesolution.in/bns_section/section-152-bns/
- BNS 153 : Waging war against Government of any foreign State at peace with the Government of India.
- https://marriagesolution.in/bns_section/bns-153/
- Section 154 BNS : Committing depredation on territories of foreign State at peace with the Government of India.
- https://marriagesolution.in/bns_section/section-154-bns/
- BNS 155 : Receiving property taken by war or depredation mentioned in sections 153 and 154 .
- https://marriagesolution.in/bns_section/bns-155/
- Section 156 BNS : Committing depredation on territories of foreign State at peace with the Government of India.
- https://marriagesolution.in/bns_section/section-156-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list