IPC Section 124 and BNS Section 151: Assaulting the President or Governor
Section 124 of the Indian Penal Code, 1860 punished certain acts of assault, wrongful restraint and intimidation by criminal force against the President of India or a State Governor, when done to compel or influence the exercise of lawful constitutional powers. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 151.
IPC Section 124: Statutory provision and meaning
Section 124 - Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.
Whoever, with the intention of inducing or compelling the President of India, or the 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.
In simpler terms, this provision targets coercive physical acts or threats of criminal force used to pressure the President or Governor over the performance of lawful official functions. The phrase lawful powers means powers that the office-holder is legally authorised to exercise.
BNS Section 151: Law applicable from 1 July 2024
Section 151 of the Bharatiya Nyaya Sanhita, 2023 is titled Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. It substantially carries forward the protection formerly provided by IPC Section 124, including the specified conduct, intention and maximum punishment.
The provision addresses a person who, intending to induce or compel the President of India or a State Governor to exercise or refrain from exercising lawful powers, assaults, wrongfully restrains or attempts to wrongfully restrain, or overawes or attempts to overawe the office-holder by criminal force or the show of criminal force.
For the official enacted text, consult the Bharatiya Nyaya Sanhita, 2023 (India Code, Act 45 of 2023). For the earlier provision, consult the Indian Penal Code, 1860 (India Code).
Essential ingredients of the offence
- Protected office-holder: The act must be directed against the President of India or the Governor of a State.
- Specific intention: The accused must intend to induce or compel the office-holder to exercise, or refrain from exercising, a lawful power.
- Prohibited conduct: The accused must assault, wrongfully restrain, attempt wrongful restraint, overawe by criminal force or its show, or attempt to overawe in that manner.
- Connection to official powers: The coercion must relate to the exercise or non-exercise of lawful powers, not merely to personal disagreement with the office-holder.
Important legal definitions
Assault
In criminal law, assault includes a gesture or preparation made with the intention or knowledge that it is likely to cause a person present to apprehend the imminent use of criminal force. Mere words, without the necessary accompanying circumstances, do not ordinarily amount to assault.
Criminal force
Criminal force generally involves intentional use of force without consent in order to commit an offence or to cause, or knowing it is likely to cause, injury, fear or annoyance. Showing criminal force can also be relevant where it is used to overawe the President or Governor.
Wrongful restraint
Wrongful restraint means voluntarily obstructing a person so as to prevent that person from proceeding in a direction in which the person has a right to proceed, subject to statutory exceptions.
Overawing by force
To overawe means to intimidate or overpower through fear. This section specifically requires criminal force or the show of criminal force; political criticism or verbal disagreement alone is not enough.
Punishment and comparison
| Aspect | IPC Section 124 | BNS Section 151 |
|---|---|---|
| Conduct | Coercive assault, restraint or overawing of President or Governor | Corresponding offence |
| Imprisonment | Either description, up to 7 years | Either description, up to 7 years |
| Fine | Also liable to fine | Also liable to fine |
| Principal period of application | Offences before 1 July 2024, subject to savings | Offences from 1 July 2024 |
Questions of arrest, bail, investigation, cognizance and trial must be assessed under the applicable procedural law, including the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), its First Schedule and any relevant special law. The exact facts and date of the alleged offence matter.
Practical illustrations
- Potential offence: A person attempts to physically block a Governor from leaving a venue to force the Governor to withhold an official decision.
- Potential offence: A group threatens imminent criminal force against the President to compel the exercise of an official power.
- Not sufficient by itself: A citizen submits a petition, publishes criticism or peacefully protests against a decision without the prohibited coercive conduct and intention.
These examples illustrate statutory elements only; criminal liability depends on evidence and the full facts.
Related legal provisions
The neighbouring offences concern threats to the Government of India and other offences against the State. Read IPC Section 121 (waging war), IPC Section 121A (conspiracy), IPC Section 122 (preparation to wage war), and IPC Section 123 (concealment of design to wage war).
Official primary sources: India Code and the Ministry of Home Affairs. Verify amendments and commencement notifications against the official texts when applying the law to a specific matter.
Frequently asked questions
What is IPC Section 124?
IPC Section 124 punished assault, wrongful restraint, attempted wrongful restraint, or overawing by criminal force or its show, intended to compel or induce the President of India or a State Governor to exercise or refrain from exercising lawful powers.
Which BNS provision corresponds to IPC Section 124?
Section 151 of the Bharatiya Nyaya Sanhita, 2023 substantially carries forward the offence concerning assaulting or overawing the President or Governor to compel or restrain the exercise of lawful powers.
What is the punishment under IPC Section 124 and BNS Section 151?
Imprisonment of either description for a term that may extend to seven years, and liability to a fine.
Does criticism of the President or Governor amount to this offence?
No. Mere criticism, disagreement, peaceful protest or a lawful petition does not by itself meet the requirement of assault, wrongful restraint, or overawing by criminal force or its show with the specified intention.
Does the section require actual change in an official decision?
No. The offence concerns specified coercive conduct and intention; the President or Governor need not actually change a decision.
This article provides general legal information and is not a substitute for advice on a particular case.