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Section 151 of BNS is part of Chapter 7 - Offences against the state in Bharatiya Nyaya Sanhita Act, 2023. It addresses the offense of assaulting or attempting to assault the President, Governor, or other high-ranking officials with the intent to compel or restrain them from exercising any lawful power. This provision is designed to protect the integrity and authority of constitutional offices by ensuring that such officials can perform their duties without intimidation or coercion.

Definition of BNS Section 151

Section 151 of the BNS 2023 States:
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.

Explanation and Illustration of BNS Section 151

Section 151, Bharatiya Nyaya Sanhita, 2023 discusses the offense knowing or having cause to believe an offense has been committed and neglecting or purposely failing to do any act for the purpose of preventing such further commission or the concealment of such offense. The section strives to ensure an individual is punished for their omission if they possess knowledge of an offense and could either prevent further commission or bring it to some notice. This provision highlights the responsibility placed upon individuals, especially public servants, to take action against crimes and prevent further damage.

  • Illustration
    An example where an individual seeks to influence the President of India to act or not act, for example to sign a particular bill into effect or withhold a signature would restrain or intimidate the President. This person might collect a crowd of people and use threats or physical force to limit the movement of the President or even brandish weapons to instill fear, all in an effort to coerce or deter the President from performing their lawful duties. In this connection, the accused would be doing the crime under the law. They could receive an imprisonment for 7 years and to be mulcted with a fine because they attempt to overawe the President through criminal force or threats for influencing the exercise of the constitutional functions of the President.
    This law is enacted to protect the integrity and independence of India's highest constitutional offices, ensuring that leaders like the President and Governors can exercise their powers without unlawful interference.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in Section 151

Section 151 maintains the rule of law and strengthens respect for democratic institutions. The section imposes severe punishments, including imprisonment, so that such offenses are not carried out in the future and dignity and security of these vital public offices are maintained. Here is a key point of details for the same:

  1. This section deals with criminal offenses against the high officers, such as the President of India and the Governor of any State
  2. The intent to compel or affect the President or Governor to act or abstain from acting in his lawful capacity
  3. It includes offenses such as assault, wrongful restraint, and overawing by criminal force, which means using force or intimidation to influence decisions
  4. Conviction may attract up to 7 years imprisonment, and/or a fine
  5. Aims to protect the independence and authority of officials so they can perform their duties without outside interference
  6. This law ensures that high-ranking officials are safeguarded from coercion or unlawful influence in performing their official duties.

Differences Between Section 151 of BNS and its Equivalent IPC Section

This section outlines the key differences between Section 151 of BNS and its equivalent IPC section 124 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ SubsectionsSubject IPC Sections Summary of comparison
151 Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. 124 No change.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

  • Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
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  • Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.

FAQs about Section 151 of the Bharatiya Nyaya Sanhita (BNS)

The target individuals under Section 151 of the BNS are the President of India and Governors of any State. The law is intended to protect them from being coerced or manipulated through criminal acts that influence their lawful duties and decisions.
Section 151 covers various criminal acts such as assault, wrongful restraint, and overawing by criminal force. These actions are intended to influence or control the decisions or actions of high-ranking officials like the President and Governors.
The intent required under Section 151 is to compel or induce the President or Governor to either exercise or refrain from exercising their lawful powers. The motive must specifically target influencing their legal authority and duties, which distinguishes this offense from other types of assault.
Section 151 protects the autonomy and authority of the President and Governors by criminalising acts aimed at coercing them into unlawful actions. It ensures that these officials can perform their duties without fear of undue influence or interference, safeguarding the integrity of their office.
Wrongful restraint, as per Section 151, refers to actions that prevent the President or Governor from freely moving or performing their official duties. This includes unlawful physical obstruction or confinement that hinders their ability to carry out their responsibilities, thereby violating their rights.
Overawing by criminal force under Section 151 refers to using intimidation, threats, or physical force to control or influence the decisions of the President or Governor. It aims to ensure that these officials are not swayed by criminal acts when carrying out their lawful duties.
A person convicted under Section 151 of the BNS may face imprisonment for up to seven years. Additionally, a fine may be imposed along with or instead of imprisonment, depending on the nature of the offense and its impact on the officials involved.
 section 151 of bns

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