Introduction to Section 151 BNSS / Protection for Police and Armed Forces for acts done under sections 148, 149 and 150.
Section 151 BNSS is a legal safeguard that protects police officers, Executive Magistrates, and armed forces personnel from being prosecuted when they act in good faith to maintain law and order under Sections 148, 149, or 150 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It ensures that no legal action can be taken against them without prior government approval. This protection helps public authorities perform their duties without the fear of false or unnecessary criminal cases.
What is BNSS Section 151 ?
BNSS Section 151 provides protection to government officers, police, and armed forces personnel from criminal prosecution when they act in good faith under Sections 148, 149, or 150 of BNSS. It ensures that they are not punished for actions taken to maintain law and order unless proper government approval is obtained.
BNSS Section of 151 in Simple Points
1. Government Permission Is Needed Before Filing a Case
BNSS Section 151 clearly says that if any action is taken under Sections 148, 149, or 150 (which deal with controlling public unrest), then no criminal case can be started against the person involved without permission from the government. If the person is from the armed forces like the Army or CRPF, then approval must come from the Central Government. For others, such as local police or Executive Magistrates, the State Government must give permission. This rule prevents unnecessary or false legal action against officers doing their job. It saves time for the courts and protects those who act in emergencies. This law builds a safety net for public servants. It helps in maintaining peace and order without fear of legal trouble.
2. Honest Acts Done in Good Faith Are Not Crimes
If a police officer, army personnel, or even a common person does something under government instructions and acts in good faith (with honest intention), they will not be punished under criminal law. “Good faith” means doing something with a clear heart, even if the result isn’t perfect. This protection is important because sometimes quick action is needed in riots or dangerous situations. Mistakes may happen, but if the person was only trying to help, they should not be punished. This law encourages honesty and quick response in emergencies. It ensures that people are not afraid to do their duty. The law stands by those who act with sincerity.
3. Protection for Armed Forces Following Orders
In the military, orders must be followed quickly and without delay. BNSS Section 151 protects soldiers and armed forces members who follow orders during public emergencies. If a soldier is told to take action under Section 150 and he obeys, he will not be held guilty for that act. This rule ensures discipline and smooth functioning in the armed forces. Soldiers must trust that they won’t face court cases for simply doing what they were told. It strengthens the command structure in the military. This also prevents fear among troops while acting during tense operations. The law supports those who act responsibly under instruction.
4. Civilians Helping Police Are Also Protected
Sometimes, during public emergencies, even civilians may be asked to help the police or local authorities. For example, someone may be asked to use their vehicle to help move police officers or equipment. If such a person helps honestly, and something goes wrong during the process, they are also protected by this law. BNSS Section 151 says that they should not be treated as criminals. This protection motivates people to help the authorities in urgent situations. It builds trust and teamwork between the public and law enforcement. People feel safer knowing that their honest help won’t land them in legal trouble. It promotes cooperation during public crises.
5. Clear Meaning of Armed Forces and Officers
This section also clearly defines who are considered “armed forces,” “officers,” and “members.” The armed forces include the Indian Army, Navy, Air Force, and other Union forces like BSF or CRPF when they are operating on land. An officer includes not just high-ranking officials, but also junior commissioned officers, warrant officers, and non-commissioned officers. A member means any person in the armed forces who is not an officer. These definitions help courts and citizens understand exactly who is protected under this law. It ensures that even lower-level soldiers are treated fairly. This clarity is important for equal legal protection.
Section 151 of BNSS Overview
BNSS Section 151 aims to prevent misuse of legal systems against those who are doing their duty sincerely during emergencies such as riots, unlawful assemblies, or violent situations. If a police officer or army member acts to control such situations, they cannot be prosecuted unless the Central or State Government gives permission. It also defines key terms like “armed forces,” “officer,” and “member” to avoid confusion. This section builds trust between public servants and the law.
BNSS Section 151 – Protection Against Prosecution for Acts Done Under Sections 148, 149 and 150
1. Protection for Officials Acting in Good Faith
BNSS Section 151 is made to protect those who are working honestly under pressure during law-and-order duties. If a person (like a magistrate, police officer, or soldier) does something under Sections 148, 149, or 150 to maintain peace or control a crowd, they cannot be taken to court without government permission. These sections usually deal with using force during riots or unlawful assemblies. Without this protection, officers might hesitate to act quickly during emergencies. This provision ensures that officials can perform their duties without fear of false or unnecessary legal cases. It’s a safeguard for those who act with honest intentions to protect society. The law trusts that their actions are not meant to harm but to maintain public order.
2. Central Government Sanction for Armed Forces
When any action is taken by someone from the armed forces—like the Army, Navy, or Air Force—under Sections 148, 149, or 150, they cannot be prosecuted unless the Central Government allows it. This is because such personnel often deal with serious and violent situations, where decisions have to be made quickly. The Central Government’s approval acts as a filter to ensure that only genuine complaints reach the court. Without this rule, armed forces may face legal trouble even when they were only following orders. It prevents misuse of the legal system against the country’s protectors. This helps maintain discipline and confidence in the forces during tense operations. Their protection is important to preserve national security and law enforcement strength.
3. State Government Sanction for Other Cases
In cases where the person involved is not part of the armed forces—like a local police officer or an Executive Magistrate—the law requires approval from the State Government before any court case can begin. This rule ensures that state-level officers doing their duty are not unfairly targeted. If someone tries to file a false case, the state can stop it at the beginning itself. It saves time and protects honest officers. This permission process encourages responsible use of the legal system and reduces fake or motivated cases. The rule acts as a check before launching legal action. It supports public servants in taking firm action during emergencies without fear of being dragged to court unnecessarily.
4. Good Faith Actions Are Not Crimes
One of the most important parts of Section 151 is that no one should be treated as a criminal if they acted in good faith. Good faith means the person honestly believed they were doing the right thing, even if the outcome was not perfect. So if a police officer or armed forces member uses force to control a violent crowd under government orders and does it with honest intent, it’s not considered a crime. This protects people who are simply doing their duty. The idea is not to punish mistakes made while doing a risky job for public safety. This rule makes it easier for authorities to respond confidently in dangerous situations. It’s a protection based on honest intent, not just the result.
5. Protection for Armed Forces Obeying Orders
If a soldier or member of the armed forces follows an order during a public unrest situation, he is not held responsible for that act, as long as it was done in obedience to duty. Orders from superiors must be followed immediately in the military. This law understands that and ensures that soldiers do not face legal action for obeying lawful instructions. The goal is to maintain chain of command and discipline. If soldiers start worrying about court cases, they may hesitate to follow necessary orders, which could put public safety at risk. This rule ensures smooth action during riots or disturbances. It upholds the structure of command and protects those who simply followed their duty.
6. Civilians Helping Authorities Are Also Protected
Sometimes, during emergencies like riots or curfews, civilians may be asked to help the police or armed forces under an official requisition. For example, a truck owner may be asked to transport police or equipment. If such a person acts in good faith and something goes wrong, he is not treated as a criminal. The law protects him just like it protects officials. This encourages the public to support authorities in tough situations. People are more likely to help if they know they won’t face legal trouble for doing the right thing. It builds trust between civilians and law enforcement. This cooperation is essential in large-scale public emergencies.
7. Clear Definition of “Armed Forces”
BNSS Section 151 gives a detailed and clear definition of the term “armed forces”. It includes the Indian Army, Navy, Air Force, and other central forces operating on land under the Union Government. This clear definition avoids confusion in legal matters. It ensures that the protection under this section is applied properly to the right personnel. Whether it is the CRPF or BSF operating on land, they are also covered under this definition. The clarity of this term helps the courts and authorities know who qualifies for legal protection. It strengthens the legal shield around those who guard the nation during public disturbances. This is especially important in areas with frequent military involvement.
8. Meaning of “Officer” and “Member” in Armed Forces
The law goes further by explaining who is considered an officer and who is a member in the armed forces. An “officer” includes those who are commissioned or in positions of authority like junior commissioned officers, non-commissioned officers, and warrant officers. A “member” refers to anyone in the armed forces who is not an officer. This means even the lower-ranked soldiers and staff are protected under this section. It ensures fairness and equal legal cover for all ranks. Everyone from top officers to basic troops is shielded from unnecessary legal action if they act under proper orders. This promotes morale and a sense of justice within the armed forces.
9. Builds Confidence for Emergency Response
BNSS Section 151 plays a major role in helping police and military officers respond quickly and confidently during public emergencies. When officers know that the law protects them if they act legally and in good faith, they do not hesitate to take strong action. Whether it’s handling riots, violent protests, or other threats, time is crucial. This legal protection removes fear and confusion, allowing officials to work efficiently. It also prevents delay in making bold decisions. Without this, officers may waste time thinking about legal consequences, leading to worse public situations. The law boosts the ability of authorities to act firmly and immediately in crisis.
10. Prevents Misuse of Law Against Honest Officials
One of the main goals of Section 151 is to stop people from misusing the law to take revenge on police or army personnel. Sometimes, angry individuals or groups may file false cases against those who acted during a public disorder. This wastes court time and harasses honest officers. Section 151 ensures that no such case moves forward without proper government approval. It acts as a filter and allows only serious and verified cases to go ahead. This protects officials from unnecessary stress and keeps their morale high. At the same time, it keeps a check on real misuse if any officer acts with bad intention. This balance is necessary for justice and discipline.
Example 1: Police Disperse a Riot
During a violent protest, a police officer orders the use of mild force (like water cannons) to control the crowd. A few people get injured, and a complaint is filed. However, since the action was taken in good faith under Section 148, and BNSS 151 applies, no court can start the case without State Government approval.
Example 2: Army Officer Follows Command
An army officer is ordered to block a road due to security threats under Section 150. He does so, and a civilian complains that his vehicle was damaged in the process. BNSS 151 protects the officer from prosecution because he was only following lawful orders, and no offence is deemed to be committed.
Section 151 of BNSS Short Information
| S.No | Key Point | Short Explanation |
|---|---|---|
| 1 | Government Sanction Needed | No prosecution can begin without approval from the Central or State Government. |
| 2 | Good Faith Protection | Acts done honestly and in good faith are not treated as criminal offences. |
| 3 | Army & Police Covered | Both police officers and armed forces are protected under this section. |
| 4 | Civilians Helping Police Also Safe | Civilians acting under orders (e.g., requisition help) are also protected. |
| 5 | Clear Definitions Provided | Clearly defines “armed forces”, “officer”, and “member” for legal clarity. |
Why BNSS Section 151 is Needed
BNSS 151 is important because it protects public servants and armed forces personnel from being punished for doing their job. In times of emergency like riots, violent gatherings, or public threats, officers must act fast to restore peace. However, such actions can lead to public complaints—even if the officers were only trying to help. Without protection, these officers might be dragged into court cases, causing delays and discouraging them from acting quickly in the future. This section ensures that only genuine cases move forward—with government approval—and that the honest efforts of those maintaining law and order are respected and protected.
BNSS Section 151 FAQs
BNSS 151
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