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CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY · A.—Unlawful assemblies

Section 151: Protection against prosecution for acts done under sections 148, 149 and 150

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) No prosecution against any person for any act purporting to be done under section 148, section 149 or section 150 shall be instituted in any Criminal Court except—

(a) with the sanction of the Central Government where such person is an officer or member of the armed forces;

(b) with the sanction of the State Government in any other case.

(2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith;

(b) no person doing any act in good faith in compliance with a requisition under section 148 or section 149;

(c) no officer of the armed forces acting under section 150 in good faith;

(d) no member of the armed forces doing any act in obedience to any order which he was bound to obey,

shall be deemed to have thereby committed an offence.

(3) In this section and in the preceding sections of this Chapter,—

(a) the expression “armed forces” means the army, naval and air forces, operating as land forces and includes any other armed forces of the Union so operating;

(b) “officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted officer;

(c) “member”, in relation to the armed forces, means a person in the armed forces other than an officer.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 4 of our papers cite Section 151. Try these from the free papers:

  1. 1. Consider the following statements regarding Section 151 BNSS: 1. No prosecution may be instituted against a member of the armed forces for an act purporting to be done under Section 149, except with the sanction of the Central Government. 2. No prosecution may be instituted against a police officer for an act purporting to be done under Section 148, except with the sanction of the State Government. 3. No officer of the armed forces acting in good faith under Section 150 shall be deemed to have thereby committed an offence. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita