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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.
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.
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.
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:
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/ Subsections | Subject | 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. |
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:
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