Section 132 CrPC: Protection Against Prosecution | Section 151 BNSS
Section 132 of the Code of Criminal Procedure, 1973 regulated the institution of prosecutions for actions taken while dispersing assemblies. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 151, concerning actions under Sections 148, 149 and 150 BNSS.
Meaning and scope of Section 132 CrPC
The provision dealt with protection against prosecution for acts purporting to be done under Sections 129, 130 and 131 CrPC, which addressed the dispersal of assemblies by civil force, the use of armed forces, and the emergency powers of certain armed forces officers. It established a requirement of prior government sanction for the institution of criminal prosecution and separately identified categories of conduct protected from criminal liability.
The corresponding Section 151 BNSS expressly refers to Sections 148, 149 and 150 BNSS. The protection must be read with the legal authority and factual circumstances governing the dispersal action; it is not a general permission to use excessive or unlawful force.
Section 132(1) CrPC: Prior sanction before prosecution
Under the former provision, no prosecution for an act purporting to be done under Sections 129 to 131 could be instituted in a criminal court without the appropriate government's sanction:
- Section 132(1)(a): Central Government sanction was required where the person was an officer or member of the armed forces.
- Section 132(1)(b): State Government sanction was required in other cases.
Section 151(1) BNSS retains this distinction for acts purporting to be done under Sections 148, 149 or 150 BNSS. A sanction requirement is a procedural safeguard relating to prosecution; it should not be confused with an unconditional finding that the underlying act was lawful.
Section 132(2) CrPC: Good-faith protection
The former Section 132(2) specified four categories of persons whose qualifying acts were not deemed offences:
- Clause (a): An Executive Magistrate or police officer acting in good faith under Sections 129, 130 or 131.
- Clause (b): A person acting in good faith in compliance with a requisition under Section 129 or 130.
- Clause (c): An armed forces officer acting in good faith under Section 131.
- Clause (d): An armed forces member acting in obedience to an order which the member was bound to obey.
Section 151(2) BNSS preserves these categories with the updated references to Sections 148, 149 and 150. Good faith and the existence of a legally binding order, where relevant, are material questions; merely claiming to act in an official capacity does not conclusively establish statutory protection.
Section 132(3) CrPC: Definitions of armed forces, officer and member
Armed forces: Under Section 132(3)(a), the expression covered the military, naval and air forces operating as land forces and other armed forces of the Union operating in that capacity. Section 151(3)(a) BNSS uses the expression "army, naval and air forces" in its corresponding definition.
Officer: Section 132(3)(b) included a person commissioned, gazetted or in pay as an armed forces officer, as well as junior commissioned officers, warrant officers, petty officers, non-commissioned officers and non-gazetted officers.
Member: Section 132(3)(c) defined a member as a person in the armed forces other than an officer. The corresponding definitions appear in Section 151(3) BNSS.
Relevant provisions under CrPC and BNSS
| CrPC, 1973 | BNSS, 2023 | Subject |
|---|---|---|
| Section 129 | Section 148 | Dispersal of assembly by use of civil force |
| Section 130 | Section 149 | Use of armed forces to disperse assembly |
| Section 131 | Section 150 | Power of certain armed forces officers to disperse assembly |
| Section 132 | Section 151 | Protection against prosecution for specified dispersal acts |
Section 149 BNSS also changes the authority empowered to requisition armed forces: it refers to the District Magistrate or another Executive Magistrate authorised by the District Magistrate, rather than the highest-ranking Executive Magistrate present under the former Section 130 CrPC.
Practical legal considerations
When examining whether sanction or statutory protection applies, relevant considerations include the specific provision invoked, the officer's legal authority, the nature of the assembly, the circumstances requiring dispersal, the actual conduct complained of, and the applicable saving provisions. The sanction question and the merits of any alleged offence require separate legal analysis.
Frequently asked questions
What replaced Section 132 CrPC?
Section 151 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 132 CrPC for proceedings governed by the new law.
Whose sanction is required for prosecution?
Central Government sanction is required for armed forces officers or members; State Government sanction is required in other cases, for acts purporting to be done under the specified assembly-dispersal provisions.
Does the provision grant blanket immunity?
No. The statutory protection is linked to specified acts and good-faith or obligatory conduct, and does not automatically protect conduct outside those conditions.
Official legal sources
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)
- Bureau of Police Research and Development: New Criminal Laws
- National Crime Records Bureau: Corresponding Section Tables
This article explains the statutory framework for general information. The application of sanction and immunity provisions depends on the facts, applicable law and judicial interpretation.