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Section 151: Assaulting President, Governor with Intent to Compel/Restrain Power

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Court of Session
Non-Bailable
Cognizable
Formerly Sec 124 IPC
Section 150 All 358 Sections of Bharatiya Nyaya Sanhita Section 152

Legal Commentary & Landmark Judgments: Section 151

Section 151 penalizes assaulting or wrongfully restraining the President of India, Governor of any State, with intent to compel or restrain the exercise of any lawful power, prescribing imprisonment up to seven years, and fine.

  • Constitutional Head Protection: Protects the President of India and Governors of States.
  • Assault, Restraint or Force: Assaulting, wrongfully restraining, or attempting wrongfully to restrain, or overawing by criminal force.
  • Compulsion of Lawful Power: Done with intent to induce or compel such constitutional dignitary to exercise or refrain from exercising any lawful power (formerly Section 124 IPC).
Key Landmark Precedents:
  • Kedar Nath Singh v. State of Bihar (AIR 1962 SC 955): Examined offences against constitutional organs and state authority under penal law, distinguishing peaceful political petitions from criminal attempts to overawe constitutional heads.
  • Shamsher Singh v. State of Punjab (1974) 2 SCC 831: A seven-judge bench affirmed the constitutional position of the President and Governor as constitutional heads acting on ministerial aid and advice.
Courtroom Practice & Strategic Litigation Guidance:

In political protest trials outside Raj Bhavan or Rashtrapati Bhavan, analyze police allegations: demonstrating that protestors were staging a peaceful democratic demonstration without attempting physical assault or force excludes Section 151 BNS culpability.

Section 150 All 358 Sections of Bharatiya Nyaya Sanhita Section 152