BNSS Section 151: Protection against prosecution for acts done under sections 148, 149 and 150 (formerly CrPC 132)

Bharatiya Nagarik Suraksha Sanhita, 2023 · in force from 1 July 2024

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

From 1 July 2024

(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.

What it replaced in the CrPC

BNSS 151 ← CrPC 132 · Protection against prosecution for acts done under preceding sectionsChanged

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: The word "military" is replaced by "army".

Printed in both official correspondence tables (BPR&D and NCRB).

(1) No prosecution against any person for any act purporting to be done under section 129, section 130 or section 131 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 129 or section 130;

(c) no officer of the armed forces acting under section 131 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 military, 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

CrPC 132 on its own page →

Which one applies

Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.

Read BNSS section 531 →

Judgments decided under CrPC 132

They remain the law on CrPC 132. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.