Whoever, with the intention of inducing or compelling the President of India, or 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.
Simplified Explanation
Section 151 of the Bharatiya Nyaya Sanhita, 2023 addresses the assault or wrongful restraint of the President of India or the Governor of any State with the intent to compel or restrain them from exercising their lawful powers. This section highlights the severity of attempts to coerce or intimidate constitutional authorities through the use of criminal force or threats of force.
Key Provisions of Section 151
- Intention to Influence or Restrain Lawful Power:
- The primary intent behind the offense is to compel or restrain the President or the Governor from exercising their lawful powers. These powers include actions taken in their official capacity as the Head of State (President) or the Head of a State (Governor).
- Acts of Assault or Wrongful Restraint:
- The section criminalizes various actions with the intent to influence the President or Governor’s actions:
- Assault: Physically attacking or attempting to harm the President or Governor.
- Wrongful Restraint: Preventing the President or Governor from moving freely or performing their duties.
- Overawing with Criminal Force: Using physical force or threats of force (e.g., showing weapons, intimidating gestures) to induce fear or compliance.
- The section criminalizes various actions with the intent to influence the President or Governor’s actions:
- Punishment:
- Imprisonment: A person convicted under this section can be sentenced to imprisonment of either description (simple or rigorous) for a term of up to seven years.
- Fine: In addition to imprisonment, the offender may also be liable to a fine.
Illustrations of the Offense
- Example 1:
- A physically assaults the President in an attempt to force him to take a specific action regarding a policy or decision. By assaulting the President, A aims to compel the President to either exercise or refrain from exercising his constitutional powers. A can be punished under this section for attempting to influence the President through criminal force.
- Example 2:
- B threatens the Governor of a state with violence to prevent them from issuing a particular order. The threat involves criminal force or the show of force to induce fear, thereby attempting to restrain the Governor’s lawful power. B would be charged under this section for trying to influence the Governor’s lawful actions through intimidation.
Purpose of the Law
- Protecting Constitutional Authorities:
- Section 151 seeks to protect the integrity and functionality of the highest constitutional authorities of India—the President and Governors—from undue influence, intimidation, or coercion by any individual or group. The law ensures that the executive can operate without fear or pressure from unlawful acts.
- Maintaining Rule of Law:
- The section enforces the principle that the exercise of power by the President and Governors must be free from coercion or manipulation. It reinforces the rule of law, which is foundational to the functioning of democracy and governance in India.
- Deterrence:
- The severe penalty (up to seven years of imprisonment and a fine) serves as a deterrent against attempts to interfere with the constitutional duties of the President or Governors. Such acts could undermine the democratic process and stability of the government, which this section seeks to prevent.
Summary
Section 151 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the act of assaulting, wrongfully restraining, or overawing the President of India or a Governor of any State with the intent to compel or restrain them from exercising their lawful powers. The punishment for such actions includes up to seven years of imprisonment and a fine. The section aims to safeguard constitutional authorities from unlawful coercion, ensuring that they can exercise their official powers independently and without fear of external influence.
