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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 151 BNSS at a Glance

Section 151 BNSS deals with protection against prosecution for acts done under sections 148, 149 and 150. It replaced Section 132 CrPC on 1 July 2024.

Section 151 BNSS Bare Act Text

(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 exceptโ€”

(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,โ€”

(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.

Source: Section 151, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 151 BNSS in Simple Words

Section 151 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with protection against prosecution for acts done under Section 148 BNSS, Section 149 BNSS or Section 150 BNSS. No prosecution against any person for any act purporting to be done under those sections shall be instituted in any Criminal Court except with the sanction of the Central Government where the person is an officer or member of the armed forces, or with the sanction of the State Government in any other case.

An Executive Magistrate or police officer acting under any of those sections in good faith, a person doing an act in good faith in compliance with a requisition under Section 148 BNSS or Section 149 BNSS, an officer of the armed forces acting under Section 150 BNSS in good faith, and a member of the armed forces doing an act in obedience to an order which the member was bound to obey, shall not be deemed to have thereby committed an offence. Section 151(3) BNSS defines armed forces, officer and member.

When Section 151 BNSS Applies

  • Under Section 151(1)(a) BNSS, a prosecution against a person who is an officer or member of the armed forces for an act purporting to be done under Section 148 BNSS, Section 149 BNSS or Section 150 BNSS shall not be instituted in any Criminal Court except with the sanction of the Central Government.
  • Under Section 151(1)(b) BNSS, in any other case, a prosecution for an act purporting to be done under Section 148 BNSS, Section 149 BNSS or Section 150 BNSS shall not be instituted in any Criminal Court except with the sanction of the State Government.
  • Under Section 151(2)(a) BNSS, an Executive Magistrate or police officer acting under any of the said sections in good faith shall not be deemed to have thereby committed an offence.
  • Under Section 151(2)(b) BNSS, a person doing an act in good faith in compliance with a requisition under Section 148 BNSS or Section 149 BNSS shall not be deemed to have thereby committed an offence.
  • Under Section 151(2)(c) BNSS, an officer of the armed forces acting under Section 150 BNSS in good faith shall not be deemed to have thereby committed an offence.
  • Under Section 151(2)(d) BNSS, a member of the armed forces doing an act in obedience to an order which the member was bound to obey shall not be deemed to have thereby committed an offence.

Example of Section 151 BNSS

Vikram, an Executive Magistrate, acts in good faith under Section 148 BNSS, and Anil does an act in good faith in compliance with a requisition under Section 148 BNSS. A prosecution against Vikram and Anil for those acts is proposed in a Criminal Court. Neither Vikram nor Anil is an officer or member of the armed forces, so under Section 151(1)(b) BNSS the prosecution shall not be instituted except with the sanction of the State Government. Under Section 151(2)(a) BNSS and Section 151(2)(b) BNSS, Vikram and Anil shall not be deemed to have thereby committed an offence.

When Section 151 BNSS Does Not Apply

  • Section 151(1) BNSS speaks of the sanction needed before a prosecution is instituted in a Criminal Court for an act purporting to be done under Section 148 BNSS, Section 149 BNSS or Section 150 BNSS. It does not deal with the power of certain officers of the armed forces to disperse an assembly, which Section 150 BNSS deals with.
  • Section 151(2) BNSS speaks of persons who shall not be deemed to have committed an offence when acting in good faith or in obedience to an order which they were bound to obey. It does not deal with dispersal of an assembly by the use of civil force, which Section 148 BNSS deals with.
  • Section 151(3) BNSS speaks of the meaning of armed forces, officer and member in that section and in the preceding sections of the Chapter. It does not deal with the use of the armed forces to disperse an assembly, which Section 149 BNSS deals with.

Section 151 BNSS in the CrPC (Previous Law)

Section 151 BNSS replaced Section 132 CrPC from 1 July 2024.

From 1 July 2024, Section 132 of the Code of Criminal Procedure, 1973 is found in Section 151 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 151 BNSS names sections 148, 149 and 150 where the heading of Section 132 CrPC reads preceding sections. Section 151(1) BNSS, Section 151(2)(b) BNSS and Section 151(2)(c) BNSS refer to Section 148 BNSS, Section 149 BNSS and Section 150 BNSS where Section 132(1) CrPC, Section 132(2)(b) CrPC and Section 132(2)(c) CrPC referred to Section 129 CrPC, Section 130 CrPC and Section 131 CrPC. Section 151(3)(a) BNSS reads the army where Section 132(3)(a) CrPC read the military. The rest of the text reads the same.

Each sub-section below names its own source.

FAQs on Section 151 BNSS

Whose sanction is needed to institute a prosecution under Section 151 BNSS?โ–ผ

Under Section 151(1) BNSS, no prosecution against any person for any act purporting to be done under Section 148 BNSS, Section 149 BNSS or Section 150 BNSS shall be instituted in any Criminal Court except with the sanction of the Central Government where the person is an officer or member of the armed forces, or with the sanction of the State Government in any other case.

Who shall not be deemed to have committed an offence under Section 151(2) BNSS?โ–ผ

Under Section 151(2) BNSS, an Executive Magistrate or police officer acting under any of the said sections in good faith, a person doing any act in good faith in compliance with a requisition under Section 148 BNSS or Section 149 BNSS, an officer of the armed forces acting under Section 150 BNSS in good faith, and a member of the armed forces doing any act in obedience to any order which the member was bound to obey, shall not be deemed to have thereby committed an offence.

How does Section 151(3) BNSS define armed forces, officer and member?โ–ผ

Under Section 151(3)(a) BNSS, 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. Under Section 151(3)(b) BNSS, 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. Under Section 151(3)(c) BNSS, member, in relation to the armed forces, means a person in the armed forces other than an officer.

What changed from Section 132 CrPC to Section 151 BNSS from 1 July 2024?โ–ผ

Section 151 BNSS has the heading Protection against prosecution for acts done under sections 148, 149 and 150, where Section 132 CrPC has the heading Protection against prosecution for acts done under preceding sections. Section 151(1) BNSS refers to Section 148 BNSS, Section 149 BNSS and Section 150 BNSS where Section 132(1) CrPC referred to Section 129 CrPC, Section 130 CrPC and Section 131 CrPC. Section 151(2)(b) BNSS refers to Section 148 BNSS or Section 149 BNSS where Section 132(2)(b) CrPC referred to Section 129 CrPC or Section 130 CrPC, and Section 151(2)(c) BNSS refers to Section 150 BNSS where Section 132(2)(c) CrPC referred to Section 131 CrPC. Section 151(3)(a) BNSS reads the army, naval and air forces where Section 132(3)(a) CrPC read the military, naval and air forces. The rest of the text reads the same.

Section 151 BNSS: Sub-sections Explained

Section 151(1) BNSS: Protection against prosecution for acts done under preceding sections

โ–ถ

Bare Act Text

(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 exceptโ€”

(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.

Previous Law

CrPC 132 โ†’ Section 151(1) BNSS

Section 151(2) BNSS: Protection against prosecution for acts done under preceding sections

โ–ถ

Bare Act Text

(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.

Previous Law

CrPC 132(2) โ†’ Section 151(2) BNSS

Section 151(3) BNSS: Protection against prosecution for acts done under preceding sections

โ–ถ

Bare Act Text

(3) In this section and in the preceding sections of this Chapter,โ€”

(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.

Previous Law

CrPC 132(3) โ†’ Section 151(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 21 Oct 2026 ยท