Section 151 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 151 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 offers legal protection to individuals acting under Sections 148, 149, and 150, which pertain to the dispersal of unlawful assemblies and related actions. This section ensures that such individuals are shielded from prosecution when acting in good faith and within the scope of their duties.
📜 Text of Section 151: Protection Against Prosecution for Acts Done Under Sections 148, 149, and 150
Prosecution Restrictions:
No prosecution shall be initiated against any person for acts purportedly done under Sections 148, 149, or 150 in any Criminal Court except:
(a) With the sanction of the Central Government if the person is an officer or member of the armed forces;
(b) With the sanction of the State Government in any other case.
Protection for Actions in Good Faith:
Individuals shall not be deemed to have committed an offence if they:
(a) Act as Executive Magistrates or police officers under the aforementioned sections in good faith;
(b) Perform acts in compliance with a requisition under Sections 148 or 149 in good faith;
(c) Are officers of the armed forces acting under Section 150 in good faith;
(d) Are members of the armed forces acting in obedience to orders they are bound to obey.
Definitions:
For the purposes of this section and the preceding sections:
“Armed forces” includes the army, naval, and air forces operating as land forces, and any other armed forces of the Union so operating;
“Officer” refers to a person commissioned, gazetted, or in pay as an officer of the armed forces, including junior commissioned officers, warrant officers, petty officers, non-commissioned officers, and non-gazetted officers;
“Member” refers to a person in the armed forces other than an officer.
⚖️ Legal Context and Implications
Alignment with CrPC: Section 151 of the BNSS aligns with Section 132 of the Code of Criminal Procedure, 1973 (CrPC), which provides similar protections to individuals acting in good faith under orders to disperse unlawful assemblies.
Enhanced Protections for Armed Forces: The BNSS extends additional safeguards to members of the armed forces, requiring government sanction before initiating prosecution, thereby reinforcing the principle of obedience to lawful orders.
Judicial Oversight: The requirement for government sanction before prosecution introduces an element of oversight, ensuring that actions taken under these sections are reviewed at a higher level before legal proceedings are initiated.
🧾 Illustrative Example
Scenario: During a public unrest, a District Magistrate orders the dispersal of an unlawful assembly under Section 148. The police, acting under this order, use force to disperse the crowd, resulting in minor injuries to some individuals.
Application of Section 151:
The police officers involved are protected under Section 151(2)(a) as they were acting in good faith under Section 148.
No prosecution can be initiated against them without the sanction of the State Government, as per Section 151(1)(b).
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