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KembaraXtra - Bharatiya Nyaya Sanhita - Section 151 - Assaulting President, Governor, etc., with Intent to Compel or Restrain Exercise of Any Lawful Power
Introduction
Section 151 of the Bharatiya Nyaya Sanhita, 2023, deals with acts of assault, wrongful restraint or intimidation through criminal force directed against the President of India or the Governor of a State.
The provision applies where such conduct is carried out with the intention of inducing or compelling the President or Governor to exercise, or refrain from exercising, any lawful power.
It therefore addresses the use of force or coercion to interfere with the lawful exercise of constitutional authority.
The punishment may extend to seven years’ imprisonment, together with liability to a fine.
Meaning of Section 151
Under Section 151, a person commits an offence if they intend to induce or compel the President of India or the Governor of a State to exercise or refrain from exercising a lawful power and, for that purpose, engage in one of the acts specified in the section.
These acts include assault, wrongful restraint, attempted wrongful restraint, overawing by criminal force or show of criminal force, and attempting to overawe through such means.
The provision therefore requires both the specified intention and conduct directed against the President or Governor.
Essential Ingredients of Section 151
1. The Conduct Must Be Directed Against the President or Governor
The person targeted must be:
- The President of India; or
- The Governor of any State.
The provision specifically identifies these constitutional officeholders.
2. There Must Be an Intention to Influence the Exercise of Lawful Powers
The accused must intend to induce or compel the President or Governor to exercise or refrain from exercising a lawful power.
This intention is central to the offence.
The section is not concerned merely with the occurrence of an assault or restraint. The conduct must be accompanied by the specified intention relating to the exercise of lawful powers.
3. The Intended Interference May Concern Any Lawful Power
The provision refers to the exercise or non-exercise of any lawful power of the President or Governor.
It also refers to compelling the exercise of such power in any manner.
Accordingly, the section covers the specified attempts to influence how a lawful power is exercised, as well as whether it is exercised at all.
4. The Accused Must Engage in One of the Prohibited Acts
The accused must commit one of the forms of conduct expressly identified in Section 151.
These include assault, wrongful restraint, attempted wrongful restraint, overawing through criminal force or its display, and attempting to overawe through those means.
5. The Specified Intention Must Accompany the Prohibited Conduct
The offence requires a connection between the accused’s intention and the conduct directed against the President or Governor.
The relevant intention must be to induce or compel the exercise or non-exercise of a lawful power.
Acts Covered Under Section 151
1. Assault
The first form of prohibited conduct is assaulting the President of India or the Governor of a State.
The assault must be accompanied by the intention of inducing or compelling the officeholder to exercise or refrain from exercising a lawful power.
2. Wrongful Restraint
The provision also covers wrongfully restraining the President or Governor.
Such restraint falls within Section 151 where it is committed with the intention specified in the provision.
3. Attempted Wrongful Restraint
Section 151 expressly includes an attempt to wrongfully restrain the President or Governor.
Accordingly, the section is not confined to completed wrongful restraint.
An attempt to carry out such restraint is also covered when accompanied by the required intention.
4. Overawing by Criminal Force
The provision covers overawing the President or Governor by means of criminal force.
In this context, overawing refers to using force to intimidate or overpower the officeholder’s freedom to exercise lawful authority.
The prohibited conduct must be directed towards inducing or compelling the exercise or non-exercise of lawful powers.
5. Overawing by a Show of Criminal Force
Section 151 also refers to overawing through a show of criminal force.
The statutory wording therefore includes intimidation through the display of force, rather than being confined to the actual application of force.
6. Attempting to Overawe
The provision expressly includes attempting to overawe the President or Governor through criminal force or its display.
Accordingly, the section covers the specified attempt even where the intended intimidation is not successfully achieved.
Importance of the Required Intention
A central feature of Section 151 is the intention behind the accused person’s conduct.
The provision specifically requires an intention to induce or compel the President or Governor to exercise or refrain from exercising a lawful power.
Therefore, the offence is not defined solely by the physical act of assault, restraint or intimidation.
The accused’s conduct must be connected with the purpose of influencing the lawful powers of the President or Governor.
Actual Compulsion Is Not Expressly Required
Section 151 covers several completed acts and expressly includes certain attempts.
The statutory wording does not require proof that the President or Governor actually exercised or refrained from exercising a lawful power as a consequence of the accused’s conduct.
The focus is on the prohibited conduct accompanied by the specified intention.
Thus, the failure of the accused to achieve the intended influence does not, by itself, exclude conduct that otherwise satisfies the requirements of Section 151.
Punishment Under Section 151
A person who commits the offence under Section 151 may be punished with:
- Imprisonment of either description for a term extending up to seven years; and
- Liability to a fine.
The provision therefore prescribes imprisonment extending up to seven years and additionally makes the offender liable to a fine.
The supplied statutory text does not specify a numerical maximum amount for the fine.
Classification of the Offence
According to the classification provided in the supplied text:
Nature of Offence: Cognizable.
Bail: Non-Bailable.
Triable By: Court of Session.
Commentary
Section 151 of the Bharatiya Nyaya Sanhita, 2023, corresponds to Section 124 of the Indian Penal Code, 1860.
According to the supplied commentary, the language of the provision remains unchanged.
The provision has been retained in the Bharatiya Nyaya Sanhita in the same form as its corresponding provision under the Indian Penal Code.
The section continues to address the use of assault, wrongful restraint or intimidation through criminal force to influence the exercise of lawful powers by the President of India or a State Governor.
Key Takeaway
Section 151 makes it an offence to assault, wrongfully restrain, attempt to wrongfully restrain, overawe or attempt to overawe the President of India or the Governor of a State through the means specified in the provision.
The conduct must be accompanied by an intention to induce or compel the President or Governor to exercise or refrain from exercising a lawful power.
The provision expressly includes certain attempts and does not require the accused to succeed in compelling the intended exercise or non-exercise of power.
The punishment may extend to seven years’ imprisonment, together with liability to a fine.
The offence is cognizable, non-bailable and triable by a Court of Session.
IPC Equivalent: Section 124 IPC.
Legislative Position: The language remains unchanged, and the provision has been retained as it was.
Final Memory Formula
SECTION 151 = INTENTION TO INDUCE OR COMPEL PRESIDENT OR GOVERNOR TO EXERCISE OR REFRAIN FROM EXERCISING LAWFUL POWER + ASSAULT / WRONGFUL RESTRAINT / ATTEMPTED WRONGFUL RESTRAINT / OVERAWING BY CRIMINAL FORCE OR SHOW OF CRIMINAL FORCE / ATTEMPTED OVERAWING = UP TO SEVEN YEARS’ IMPRISONMENT AND LIABILITY TO FINE.
IMPORTANT DISTINCTION: SECTION 151 REQUIRES THE SPECIFIED INTENTION TO INFLUENCE THE PRESIDENT’S OR GOVERNOR’S LAWFUL POWERS; SUCCESSFULLY COMPELLING THE OFFICEHOLDER IS NOT EXPRESSLY REQUIRED.
