Indian Criminal Law | IPC and BNS

IPC Section 124 and BNS Section 151: Assaulting the President or Governor

Section 124 of the Indian Penal Code, 1860, dealt with assault, wrongful restraint or intimidation of the President of India or a State Governor intended to compel or prevent the exercise of lawful powers. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 151.

Current-law position: The BNS came into force on 1 July 2024. For conduct on or after that date, consult BNS Section 151; for earlier acts, IPC Section 124 and the relevant repeal-and-savings rules may remain applicable. The precise law depends on the date and circumstances of the alleged offence.

What does IPC Section 124 provide?

The original provision, headed "Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power", states in substance:

Whoever, intending to induce or compel the President of India or the Governor of any State to exercise, or refrain from exercising, any lawful power, assaults or wrongfully restrains or attempts wrongfully to restrain, or overawes by criminal force or a show of criminal force, or attempts to overawe, the President or Governor, is punishable with imprisonment of either description for a term extending to seven years and is also liable to a fine.

The offence therefore requires more than disagreement with an official decision. The prosecution must establish the prohibited conduct together with the specific intention to influence the exercise of a lawful constitutional or statutory power.

BNS Section 151: Corresponding provision

Section 151 of the Bharatiya Nyaya Sanhita, 2023, addresses assaulting the President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. It substantially carries forward the offence described in IPC Section 124, including the punishment of imprisonment for up to seven years and liability to a fine.

Read the authoritative legislation in the official BNS Act PDF (India Code). For the earlier law, see the Indian Penal Code on India Code. Official commencement notifications and criminal-law materials may also be consulted at the Ministry of Home Affairs.

Essential ingredients of the offence

Protected office-holder: The conduct is directed at the President of India or a Governor of a State.
Specific intention: The accused intends to induce or compel the office-holder to exercise or refrain from exercising a lawful power.
Prohibited act: The conduct involves assault, wrongful restraint or attempted wrongful restraint, or overawing or attempting to overawe through criminal force or its display.
Connection: The alleged prohibited act and the intention to influence lawful powers must be established from the evidence.

Meaning of important legal expressions

Assault

In criminal law, assault generally concerns a gesture or preparation made with the intention or knowledge that it is likely to cause another person to apprehend the immediate use of criminal force. Mere words alone ordinarily do not constitute assault, although they may give meaning to accompanying conduct.

Wrongful restraint

Wrongful restraint involves voluntarily obstructing a person so as to prevent that person from proceeding in a direction in which they have a right to proceed. The offence here also expressly covers an attempt to wrongfully restrain.

Criminal force and show of criminal force

Criminal force involves intentional use of force without consent in circumstances specified by law. A show of criminal force may involve threatening conduct demonstrating force even when physical force has not yet been applied. Whether conduct amounts to overawing depends on its nature and the statutory intention.

Lawful powers

The phrase refers to powers the President or Governor is legally entitled to exercise. The relevant power and the accused person's intention to influence its exercise must be identified on the facts.

Punishment and comparison

Issue	IPC Section 124	BNS Section 151
Protected persons	President of India; State Governor	President of India; State Governor
Core prohibited conduct	Assault, wrongful restraint or specified overawing	Corresponding prohibited conduct
Required intention	Compel or induce exercise or non-exercise of lawful powers	Corresponding specific intention
Maximum imprisonment	Seven years	Seven years
Fine	Also liable to fine	Also liable to fine
Relevant period	Earlier conduct, subject to savings	Generally conduct from 1 July 2024

Procedural questions such as cognizability, bail and trial forum should be checked against the applicable Bharatiya Nagarik Suraksha Sanhita, 2023 and its First Schedule, or the corresponding earlier procedural law where relevant.

Illustrative situations

Example 1: A person attempts to physically block a Governor from proceeding to an official function, intending to compel the Governor not to exercise a lawful power. Depending on the evidence, the provision may be attracted.

Example 2: A group peacefully submits a petition criticizing a presidential decision. Without the prohibited acts and the required intention, mere peaceful criticism does not satisfy this offence.

Example 3: A person uses a threatening display of force against the President to compel a particular official action. The nature of the threat, the accused's intention and the evidence would determine whether Section 151 applies.

This offence should not be confused with IPC Section 121 (waging war), IPC Section 121A (conspiracy to wage war), IPC Section 122 (preparations to wage war), or IPC Section 123 (concealing a design to wage war). Each requires its own statutory elements.

Case law and interpretation

The original webpage contained a heading for Supreme Court and High Court decisions but did not identify any judgment or citation. No unverified case citation has been added here. Judicial interpretation must be assessed in light of the specific facts and the statutory language applicable at the relevant time.

Frequently asked questions

What is IPC Section 124?

It punishes specified assault, wrongful restraint or intimidation by criminal force against the President of India or a State Governor when done with the intention of influencing the exercise of lawful powers.

Which BNS provision corresponds to IPC Section 124?

Section 151 of the Bharatiya Nyaya Sanhita, 2023, covers the corresponding offence for conduct governed by the new criminal law.

What is the punishment under BNS Section 151?

Imprisonment of either description for up to seven years and liability to a fine.

Is criticism of the President or Governor an offence under this provision?

No. Mere criticism or peaceful expression, without the statutory conduct and required intention, does not establish this offence.

Does IPC Section 124 still apply?

The BNS generally governs offences committed on or after 1 July 2024. The IPC and applicable saving provisions remain relevant to earlier conduct.

Official legal references

This page provides general legal information and does not replace advice based on the facts of a particular case. Check current official texts and notifications before relying on any procedural classification.