Section 151 BNS: Assaulting President or Governor to Compel or Restrain Exercise of Lawful Power
Section 151 of the Bharatiya Nyaya Sanhita, 2023 protects the lawful exercise of constitutional powers by the President of India and the Governor of a State. It applies where a person uses assault, wrongful restraint, attempted wrongful restraint, criminal force, or a show of criminal force with the intention of inducing or compelling the President or Governor to exercise, or refrain from exercising, any lawful power.
Text of Section 151, Bharatiya Nyaya Sanhita, 2023
151. 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.
Meaning and Scope of Section 151 BNS
Section 151 is not confined to a completed physical assault. The provision also expressly covers wrongful restraint, an attempt to wrongfully restrain, overawing by criminal force or by a show of criminal force, and an attempt to overawe. In every case, the prosecution must establish the specific intention of inducing or compelling the President or Governor to exercise, or refrain from exercising, a lawful power.
Essential Ingredients of the Offence
- The person targeted must be the President of India or the Governor of a State.
- The accused must intend to induce or compel that constitutional authority to exercise or refrain from exercising a lawful power.
- The accused must assault or wrongfully restrain the President or Governor, attempt such wrongful restraint, overawe by criminal force or show of criminal force, or attempt to do so.
- The prohibited conduct and the required intention must be connected.
Relevant Legal Expressions
The BNS separately defines concepts such as "assault", "criminal force" and "wrongful restraint". In practical application, those definitions should be read with Section 151 because the section expressly uses those legal expressions. The existence of a "lawful power" must also be assessed in the context of the constitutional or statutory authority being exercised by the President or Governor.
Punishment Under Section 151 BNS
| Protected authority | President of India or Governor of any State. |
|---|---|
| Prohibited conduct | Assault, wrongful restraint, attempted wrongful restraint, overawing by criminal force or show of criminal force, or attempting to overawe. |
| Required intention | To induce or compel the President or Governor to exercise or refrain from exercising any lawful power. |
| Maximum punishment | Imprisonment of either description for a term which may extend to seven years. |
| Fine | The offender is also liable to fine. |
| Chapter | Chapter VII - Offences Against the State. |
Section 151 and Related BNS Provisions
Section 151 appears in Chapter VII of the BNS, which deals with offences against the State. The preceding provisions address waging war and related preparations, including Section 149 BNS and Section 150 BNS. The succeeding Section 152 BNS concerns acts endangering the sovereignty, unity and integrity of India.
Commencement of Section 151 BNS
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. By Central Government notification dated 23 February 2024, its provisions came into force on 1 July 2024, except Section 106(2). Section 151 therefore came into force on 1 July 2024.
Legal Interpretation
Liability under Section 151 depends on proof of the prohibited conduct together with the specific intention stated in the section. Mere disagreement, criticism, protest or opposition to an official act does not by itself satisfy Section 151 unless the statutory ingredients, including the required form of force, restraint, assault or overawing and the necessary intention, are proved on the facts.
Official Legal Sources
For authoritative statutory text and commencement information, use the official India Code text of the Bharatiya Nyaya Sanhita, 2023 and the Ministry of Home Affairs notification linked in the right sidebar.
Frequently Asked Questions
What does Section 151 BNS punish?
It punishes assaulting, wrongfully restraining, attempting to wrongfully restrain, or overawing the President of India or a State Governor by criminal force or show of criminal force, where the purpose is to induce or compel that authority to exercise or refrain from exercising a lawful power.
Does Section 151 require actual physical assault?
No. The statutory language also covers wrongful restraint, attempted wrongful restraint, overawing through criminal force or its display, and attempts to overawe.
What is the maximum punishment under Section 151 BNS?
The maximum punishment is imprisonment of either description for seven years, and the offender is also liable to fine.
When did Section 151 BNS come into force?
Section 151 came into force on 1 July 2024.