Section 132 CrPC: Protection against prosecution for acts done under preceding sections
Code of Criminal Procedure, 1973
Section 132 CrPC at a Glance
Section 132 CrPC deals with protection against prosecution for acts done under preceding sections. From 1 July 2024 it is replaced by Section 151 BNSS.
What Section 132 CrPC Says
132. Protection against prosecution for acts done under preceding sections
(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.
Source: Section 132, Code of Criminal Procedure, 1973
Section 132 CrPC in Simple Words
Section 132 of the Code of Criminal Procedure, 1973 deals with protection against prosecution for acts done under Section 129 CrPC, Section 130 CrPC or Section 131 CrPC. 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 129 CrPC or Section 130 CrPC, an officer of the armed forces acting under Section 131 CrPC 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 132(3) CrPC defines armed forces, officer and member.
When Section 132 CrPC Applies
- Under Section 132(1)(a) CrPC, a prosecution against a person who is an officer or member of the armed forces for an act purporting to be done under Section 129 CrPC, Section 130 CrPC or Section 131 CrPC shall not be instituted in any Criminal Court except with the sanction of the Central Government.
- Under Section 132(1)(b) CrPC, in any other case, a prosecution for an act purporting to be done under Section 129 CrPC, Section 130 CrPC or Section 131 CrPC shall not be instituted in any Criminal Court except with the sanction of the State Government.
- Under Section 132(2)(a) CrPC, 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 132(2)(b) CrPC, a person doing an act in good faith in compliance with a requisition under Section 129 CrPC or Section 130 CrPC shall not be deemed to have thereby committed an offence.
- Under Section 132(2)(c) CrPC, an officer of the armed forces acting under Section 131 CrPC in good faith shall not be deemed to have thereby committed an offence.
- Under Section 132(2)(d) CrPC, 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 132 CrPC
When Section 132 CrPC Does Not Apply
- Section 132(1) CrPC speaks of the sanction needed before a prosecution is instituted in a Criminal Court for an act purporting to be done under Section 129 CrPC, Section 130 CrPC or Section 131 CrPC. It does not deal with the power of certain officers of the armed forces to disperse an assembly, which Section 131 CrPC deals with.
- Section 132(2) CrPC 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 129 CrPC deals with.
- Section 132(3) CrPC 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 130 CrPC deals with.
Section 132 CrPC Under BNSS 151: What Changed
Section 132 CrPC is now covered under Section 151 BNSS.
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.
View detailed comparison (CrPC 132 vs BNSS 151) →FAQs on Section 132 CrPC
Whose sanction is needed to institute a prosecution under Section 132 CrPC?▼
Under Section 132(1) CrPC, no prosecution against any person for any act purporting to be done under Section 129 CrPC, Section 130 CrPC or Section 131 CrPC 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 132(2) CrPC?▼
Under Section 132(2) CrPC, 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 129 CrPC or Section 130 CrPC, an officer of the armed forces acting under Section 131 CrPC 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 132(3) CrPC define armed forces, officer and member?▼
Under Section 132(3)(a) CrPC, 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. Under Section 132(3)(b) CrPC, 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 132(3)(c) CrPC, member, in relation to the armed forces, means a person in the armed forces other than an officer.
Where is Section 132 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
From 1 July 2024, Section 132 CrPC is found in Section 151 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 132(1) CrPC is found in Section 151(1) BNSS, Section 132(2) CrPC in Section 151(2) BNSS, and Section 132(3) CrPC in Section 151(3) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·