(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. B.—Public nuisances
Bharatiya Nagarik Suraksha Sanhita
Section 151
Protection against prosecution for acts done under sections 148, 149 and 150
⚡ Quick Answer Reference: Section 151 BNSS
- Provision: Section 151 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: This section protects people from being prosecuted for actions they took under sections 148, 149, and 150 of the Bharatiya Nagarik Suraksha Sanhita. It requires special permission from the Central Government or State Government to prosecute someone who was acting under these sections. Additionally, certain individuals, such as Executive Magistrates, police officers, and members of the armed forces, are protected from prosecution if they acted in good faith.
What does Section 151 of BNSS say?
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What does Section 151 of BNSS mean?
Plain English Explanation
This section protects people from being prosecuted for actions they took under sections 148, 149, and 150 of the Bharatiya Nagarik Suraksha Sanhita. It requires special permission from the Central Government or State Government to prosecute someone who was acting under these sections. Additionally, certain individuals, such as Executive Magistrates, police officers, and members of the armed forces, are protected from prosecution if they acted in good faith.
Practical Interpretation
In practical terms, this section means that individuals who acted under sections 148, 149, and 150 will not be prosecuted unless they receive permission from the relevant government authority. This provision is crucial for ensuring that individuals who act in good faith are not unfairly targeted by the law.
Core Legal Purpose
The core purpose of this section is to provide a safeguard against unfair prosecution for individuals who acted under sections 148, 149, and 150. It aims to ensure that individuals who acted in good faith are protected from prosecution, thereby promoting a fair and just legal system.
- •The act must have been done under sections 148, 149, or 150 of the Bharatiya Nagarik Suraksha Sanhita.
- •The person must have acted in good faith.
- •The person must be an Executive Magistrate, police officer, member of the armed forces, or other specified individuals.
- •The prosecution must obtain permission from the Central Government or State Government.
Practical Example of Section 151 BNSS
Rajesh, a police officer, was acting under section 149 of the Bharatiya Nagarik Suraksha Sanhita when he arrested a suspect. He acted in good faith and followed the proper procedures. However, the suspect's family filed a complaint against Rajesh, alleging that he had acted unfairly. Under section 151, Rajesh is protected from prosecution because he acted in good faith and followed the proper procedures. The prosecution would need to obtain permission from the State Government to proceed with the case.
Frequently Asked Questions about Section 151 BNSS
Q: What is the punishment or consequence under Section 151 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It only outlines the conditions under which prosecution can be initiated.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, such as Executive Magistrates, police officers, and members of the armed forces, who acted under sections 148, 149, and 150.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 151 BNSS
What is Section 151 of BNSS?
Section 151 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Protection against prosecution for acts done under sections 148, 149 and 150". In plain terms: This section protects people from being prosecuted for actions they took under sections 148, 149, and 150 of the Bharatiya Nagarik Suraksha Sanhita. It requires special permission from the Central Government or State Government to prosecute someone who was acting under these sections. Additionally, certain individuals, such as Executive Magistrates, police officers, and members of the armed forces, are protected from prosecution if they acted in good faith.
What is the punishment under Section 151 of BNSS?
Section 151 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 151 of BNSS bailable or non-bailable?
Whether Section 151 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 151 of BNSS?
The essential elements of Section 151 of BNSS are: The act must have been done under sections 148, 149, or 150 of the Bharatiya Nagarik Suraksha Sanhita.; The person must have acted in good faith.; The person must be an Executive Magistrate, police officer, member of the armed forces, or other specified individuals..
Landmark Judgments under Section 151 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 151
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