Section 151 of BNSS, 2023 — Protection against Prosecution for Acts Done under Sections 148, 149 and 150

Introduction

Section 151 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides statutory protection to persons who act under Sections 148, 149 and 150 while dealing with the dispersal of assemblies.

The provision serves two related purposes. First, it requires prior governmental sanction before a criminal prosecution can be instituted for an act purporting to have been done under these provisions. Second, it protects specified Magistrates, police officers, armed forces officers and other persons acting in good faith from being treated as having committed an offence merely because of acts performed in the exercise of these statutory powers.

Section 151 must therefore be read together with Sections 148, 149 and 150, which respectively concern dispersal of assemblies by civil force, use of armed forces on a Magistrate’s requisition, and emergency action by certain armed forces officers.

Meaning of Section 151

Section 151 creates a statutory procedural safeguard against criminal prosecution for acts purporting to be performed under Sections 148, 149 or 150.

The protection operates in two principal ways:

• prosecution cannot be instituted in a Criminal Court without the sanction specified in Section 151(1); and
• specified persons acting in good faith under Sections 148, 149 and 150 are not deemed to have committed an offence merely because of those acts.

The provision is therefore not a blanket declaration that every act performed during dispersal is lawful. Its protection is connected to acts purporting to be done under the specified statutory provisions and, in the cases covered by Section 151(2), requires good faith.

Statutory Basis

The principal provision is Section 151 of the BNSS, 2023.

It is directly connected with:

• Section 148 — Dispersal of assembly by use of civil force.
• Section 149 — Use of armed forces to disperse assembly.
• Section 150 — Power of certain armed forces officers to disperse assembly.
• Section 151 — Protection against prosecution for acts done under Sections 148, 149 and 150.

Section 151 contains three subsections dealing respectively with prior sanction, protection for good-faith acts, and the meaning of specified expressions relating to the armed forces.

Object and Purpose

The dispersal of dangerous assemblies may require the exercise of coercive powers by Executive Magistrates, police officers and members of the armed forces.

Section 151 recognises that persons exercising these statutory powers should not face criminal prosecution merely because they acted in the discharge of those functions, provided the statutory requirements for protection are satisfied.

At the same time, the provision does not eliminate governmental scrutiny or make every act immune from legal challenge. Section 151(1) establishes a sanction requirement, while Section 151(2) specifically refers to good faith for several categories of protection.

Nature of Section 151

Section 151 is primarily a procedural and protective provision.

It does not confer the original power to disperse an assembly. Those powers arise under Sections 148, 149 and 150.

Instead, Section 151 regulates the circumstances in which persons exercising those powers may be prosecuted and identifies certain acts that, when performed in good faith or in obedience to an order, are not to be treated as offences merely because of the performance of those acts.

Essential Elements

1. Act must purport to be done under Sections 148, 149 or 150

Section 151(1) applies to an act purporting to be done under:

• Section 148;
• Section 149; or
• Section 150.

The protection is therefore linked to the statutory scheme concerning dispersal of assemblies.

2. Prior sanction is required for prosecution

Section 151(1) provides that no prosecution for such an act may be instituted in a Criminal Court except with the appropriate governmental sanction.

The competent sanctioning authority depends upon the status of the person against whom prosecution is proposed.

3. Central Government sanction for armed forces personnel

Where the person is an officer or member of the armed forces, prosecution requires the sanction of the Central Government.

4. State Government sanction in other cases

Where the person is not an officer or member of the armed forces, prosecution requires the sanction of the State Government.

Thus, Section 151 establishes two different sanctioning authorities.

5. Good-faith protection

Section 151(2) protects specified persons who act in good faith under the statutory provisions.

The persons and situations expressly covered include:

• an Executive Magistrate or police officer acting under Sections 148, 149 or 150 in good faith;
• a person doing an act in good faith in compliance with a requisition under Section 148 or Section 149;
• an officer of the armed forces acting under Section 150 in good faith; and
• a member of the armed forces doing an act in obedience to an order which he was bound to obey.

These persons are not deemed to have thereby committed an offence.

Procedure and Operation of Section 151

Section 151 does not establish an independent prosecution procedure from the beginning of a criminal case. Instead, it creates a statutory condition and protection concerning prosecution for specified acts.

Step 1: Identify the alleged act

The first question is whether the alleged act purports to have been done under Section 148, 149 or 150.

Step 2: Identify the person concerned

The protection and sanction requirement differ depending on whether the person is:

• an officer or member of the armed forces; or
• another person covered by the provision.

Step 3: Determine the appropriate sanction

For an officer or member of the armed forces, sanction must come from the Central Government.

For other persons, sanction must come from the State Government.

Step 4: Examine good faith where Section 151(2) applies

For the categories specified in Section 151(2), the statutory protection depends upon the act being done in good faith or, in the case of a member of the armed forces, in obedience to an order which the member was bound to obey.

Step 5: Consider whether the act falls within the statutory protection

Section 151 does not independently validate conduct that falls outside the statutory scheme. The relationship between the alleged conduct and Sections 148, 149 or 150 must therefore be considered.

Protection under Section 151(1)

The sanction requirement under Section 151(1) is important because it places a procedural restriction on instituting prosecution for acts purporting to have been done under Sections 148, 149 or 150.

Armed forces personnel

Where the accused person is an officer or member of the armed forces:

Central Government sanction is required.

Other persons

In every other case covered by Section 151(1):

State Government sanction is required.

The sanction requirement therefore depends upon the category to which the person belongs.

Protection under Section 151(2)

Section 151(2) separately identifies categories of persons who are not to be deemed to have committed an offence merely because of specified acts done in good faith or in obedience to a binding order.

Executive Magistrate or police officer

An Executive Magistrate or police officer acting under Sections 148, 149 or 150 in good faith receives statutory protection.

Person complying with a requisition

A person doing an act in good faith in compliance with a requisition under Section 148 or Section 149 is protected.

This is particularly relevant where civil or armed forces personnel act pursuant to a lawful statutory requisition.

Armed forces officer acting under Section 150

An officer of the armed forces acting under Section 150 in good faith is protected.

This corresponds to the exceptional power under Section 150, where certain armed forces officers may act directly when public security is manifestly endangered and communication with an Executive Magistrate is not possible.

Member of armed forces obeying an order

A member of the armed forces doing an act in obedience to an order which he was bound to obey is also protected from being deemed to have committed an offence merely by performing that act.

Meaning of “Armed Forces”

Section 151(3) defines the expression “armed forces” for the purposes of Section 151 and the preceding provisions of the Chapter.

It means:

• the army;
• the naval forces; and
• the air forces,

operating as land forces, and includes any other armed forces of the Union so operating.

The definition is therefore specifically connected with the statutory scheme concerning the dispersal of assemblies.

Meaning of “Officer”

For these provisions, an “officer” in relation to the armed forces means a person who is:

• commissioned;
• gazetted; or
• in pay as an officer of the armed forces.

The definition expressly includes:

• junior commissioned officers;
• warrant officers;
• petty officers;
• non-commissioned officers; and
• non-gazetted officers.

The statutory definition is consequently broader than an ordinary understanding of the word “officer”.

Meaning of “Member”

A “member” in relation to the armed forces means a person in the armed forces other than an officer.

This distinction is relevant because Section 151(1) separately refers to an “officer or member” of the armed forces when prescribing the requirement of Central Government sanction.

Powers and Duties

Section 151 does not itself confer a power to disperse an assembly.

The underlying powers arise under Sections 148, 149 and 150.

Section 151 instead creates:

• a procedural safeguard against prosecution;
• a good-faith protection for specified persons; and
• statutory definitions relevant to the operation of the protection.

The authorities exercising powers under Sections 148, 149 and 150 must nevertheless remain within the scope of those provisions.

Good Faith as a Limitation

Good faith is central to several protections under Section 151(2).

The provision does not simply state that every act performed by a Magistrate, police officer or armed forces officer during an assembly dispersal is protected.

For the categories expressly covered by clauses (a), (b) and (c) of Section 151(2), the statute uses the requirement of good faith.

Accordingly, the existence of the statutory protection must be assessed in light of the actual circumstances and the statutory authority under which the act was performed.

Important Distinctions

Sanction and Immunity

Sanction and immunity are not identical concepts.

Section 151(1) establishes a requirement of governmental sanction before prosecution can be instituted in the specified circumstances.

Section 151(2), on the other hand, provides that specified persons acting in good faith or in obedience to an order are not deemed to have thereby committed an offence.

Therefore, the sanction requirement and the substantive protection in Section 151(2) perform different functions.

Section 151 and Section 197 CrPC

Section 151 should not be confused with the general protection relating to prosecution of certain public servants under Section 197 of the CrPC.

Section 151 is a specific statutory protection connected with acts under Sections 148, 149 and 150 BNSS.

Its scope, statutory conditions and sanctioning authorities must be examined according to its own language.

Section 151 and Section 150

Section 150 confers an emergency power on certain armed forces officers to disperse an assembly.

Section 151 does not confer that power. Instead, it protects specified acts performed under Section 150 and establishes the relevant prosecution safeguards.

Good Faith and Absolute Immunity

Good-faith protection under Section 151 should not be described as an unlimited or unconditional immunity.

The statutory protection is tied to acts covered by Sections 148, 149 or 150 and, where expressly required, to good faith or obedience to an order which the person was bound to obey.

Exceptions and Limitations

Prior sanction remains necessary

The protection against institution of prosecution is subject to the sanction requirements in Section 151(1).

Different sanctioning authorities apply

Central Government sanction is required for an officer or member of the armed forces, while State Government sanction applies in other cases.

Good faith is expressly required in specified cases

Section 151(2) protects certain categories only when they act in good faith.

Protection is connected with Sections 148, 149 and 150

Section 151 does not provide a general immunity for every act performed by a police officer, Magistrate or armed forces personnel.

Statutory authority remains relevant

The underlying conduct must be connected with the statutory powers and functions contemplated by Sections 148, 149 or 150.

BNSS and CrPC

Section 151 BNSS corresponds to Section 132 of the Code of Criminal Procedure, 1973 (CrPC).

The basic protective scheme has been substantially retained.

Under Section 132 CrPC, prosecution for acts purporting to be done under Sections 129, 130 or 131 required the relevant governmental sanction. It also protected specified persons acting in good faith under those provisions.

The corresponding provisions are:

• Section 129 CrPC: Dispersal of assembly by use of civil force.
• Section 130 CrPC: Use of armed forces to disperse assembly.
• Section 131 CrPC: Power of certain armed force officers to disperse assembly.
• Section 132 CrPC: Protection against prosecution for acts done under the preceding sections.

Under BNSS, these provisions have been renumbered:

• Section 148 BNSS: Dispersal of assembly by use of civil force.
• Section 149 BNSS: Use of armed forces to disperse assembly.
• Section 150 BNSS: Power of certain armed force officers to disperse assembly.
• Section 151 BNSS: Protection against prosecution for acts done under Sections 148, 149 and 150.

The substantive protective framework of Section 132 CrPC has substantially continued in Section 151 BNSS, with the statutory references updated to correspond to the new numbering.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 (BNS) primarily establishes substantive criminal offences and punishments.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs criminal procedure, including the statutory powers for dispersing assemblies and the protection attached to the exercise of those powers.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the law of evidence.

Section 151 is therefore a procedural protection under the BNSS. It does not create a substantive offence or punishment under the BNS.

Case Law

Section 151 BNSS is substantially carried forward from Section 132 CrPC. Judicial decisions concerning Section 132 CrPC may therefore remain relevant to understanding the nature of the statutory protection, subject to the statutory text and any developments under BNSS.

However, the application of Section 151 BNSS itself is comparatively new, and judicial interpretation specifically concerning the BNSS provision is still developing.

The distinction between Section 151 and other sanction provisions, particularly those governing prosecution of public servants, should be maintained when applying older case law.

Important BNSS Provisions

• Section 148 — Dispersal of assembly by use of civil force.
• Section 149 — Use of armed forces to disperse assembly.
• Section 150 — Power of certain armed force officers to disperse assembly.
• Section 151 — Protection against prosecution for acts done under Sections 148, 149 and 150.

Common Confusions

Does Section 151 give complete immunity to police officers and armed forces?

No.

Section 151 provides specific statutory protection, including a sanction requirement and good-faith protections for specified acts. It should not be treated as an unrestricted immunity from all criminal or legal consequences.

Is governmental sanction required in every prosecution involving a police officer?

No.

Section 151 applies specifically to prosecution for acts purporting to be done under Sections 148, 149 or 150. Other statutory provisions may have their own requirements.

Who grants sanction when the person is an armed forces officer or member?

The Central Government.

Who grants sanction in other cases covered by Section 151?

The State Government.

Does good faith matter under Section 151?

Yes.

Section 151(2) expressly requires good faith for several categories of persons receiving statutory protection.

Does Section 151 itself authorise the dispersal of an assembly?

No.

The authority to disperse an assembly comes from Sections 148, 149 and 150. Section 151 provides protection concerning acts performed under those provisions.

Does Section 151 protect a person who acts outside the statutory framework?

The protection cannot be treated as extending automatically to acts outside Sections 148, 149 and 150.

The statutory connection between the act and the relevant provision, together with the applicable requirements such as good faith, must be examined.

Example

Suppose an Executive Magistrate directs the dispersal of an assembly under Section 148 and a police officer acts in good faith while carrying out that statutory function.

If a prosecution is proposed for an act purporting to have been done under Section 148, Section 151 becomes relevant. The prosecution cannot be instituted in the Criminal Court without the sanction prescribed by Section 151(1).

Separately, Section 151(2) provides that an Executive Magistrate or police officer acting under the relevant provisions in good faith is not deemed to have thereby committed an offence.

The protection therefore operates as both a procedural safeguard concerning prosecution and a statutory protection for specified good-faith conduct.

Topic at a Glance

• Topic: Protection against prosecution for acts done under Sections 148, 149 and 150
• BNSS Section: Section 151
• Related provisions: Sections 148, 149 and 150
• Primary purpose: Protection concerning prosecution for acts done under the assembly-dispersal provisions
• Central Government sanction: Required where the person is an officer or member of the armed forces
• State Government sanction: Required in other cases
• Good-faith protection: Available to specified persons under Section 151(2)
• Armed forces officer: Protected under Section 151(2) when acting under Section 150 in good faith
• Armed forces member: Protected when doing an act in obedience to an order which he was bound to obey
• Corresponding CrPC provision: Section 132
• Important limitation: The protection is connected with the statutory acts covered by Sections 148, 149 and 150

Quick Revision

• Section 151 BNSS deals with protection against prosecution for acts done under Sections 148, 149 and 150.
• It corresponds to Section 132 CrPC.
• Section 151(1) requires prior governmental sanction before prosecution can be instituted for an act purporting to be done under Sections 148, 149 or 150.
• Central Government sanction is required where the person is an officer or member of the armed forces.
• State Government sanction is required in other cases.
• Section 151(2) provides specific protection to persons acting in good faith under the relevant provisions.
• An Executive Magistrate or police officer acting under Sections 148, 149 or 150 in good faith is protected.
• A person acting in good faith in compliance with a requisition under Section 148 or 149 is protected.
• An armed forces officer acting under Section 150 in good faith is protected.
• An armed forces member acting in obedience to an order which he was bound to obey is protected.
• Section 151(3) defines armed forces, officer and member for this statutory scheme.
• Section 151 does not itself confer the power to disperse an assembly; that power comes from Sections 148, 149 and 150.
• The protection should not be treated as an unlimited immunity for acts outside the statutory framework.
• The provision is substantially a continuation of the protection previously contained in Section 132 CrPC.

ALSO READ: Section 150 – Power of certain armed force officers to disperse assembly

Conclusion

Section 151 of the BNSS creates an important statutory balance between effective enforcement of public order and protection of officials and armed forces personnel performing coercive functions under Sections 148, 149 and 150.

Its sanction requirement prevents criminal prosecution for covered acts from being instituted without the approval of the appropriate Government, while Section 151(2) protects specified persons acting in good faith or obeying orders they were bound to obey. The provision consequently supports the lawful exercise of assembly-dispersal powers without converting those powers into unrestricted immunity.

For examination purposes, the central point is that Section 151 BNSS corresponds to Section 132 CrPC and provides both a governmental sanction requirement and specific good-faith protections for acts performed under Sections 148, 149 and 150.