BNSS Section 151 – Protection Against Prosecution for Acts Done Under Sections 148, 149, and 150

Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a landmark legislation that has replaced the century-old Code of Criminal Procedure (CrPC), 1973. It modernizes India’s criminal justice procedures, ensuring efficiency, accountability, and protection of both citizens and public officials. One of the significant provisions under the BNSS is Section 151, which provides protection from prosecution for certain acts performed in good faith under Sections 148, 149, and 150.

This provision plays a crucial role in maintaining a balance between accountability and operational freedom for law enforcement and armed forces. It ensures that officers performing their lawful duties are not subject to unnecessary or malicious legal actions.

Understanding the Context of Section 151

Before examining Section 151 in detail, it is important to understand the context of the sections it refers to — Sections 148, 149, and 150 of the BNSS.

Section 148 deals with the power of the Executive Magistrate to command the use of force in certain situations where public peace is at risk.
Section 149 allows for assistance by the public when a Magistrate or police officer requires support to maintain law and order.
Section 150 empowers members of the armed forces to act in aid of civil authorities during public disturbances or emergencies.

These sections collectively provide a legal framework for maintaining public order and security. However, they also involve the use of force and discretionary power, which may sometimes lead to allegations of misuse. Section 151, therefore, serves as a protective shield for officers and individuals acting under these provisions in good faith.

Text and Scope of BNSS Section 151

Section 151 of the BNSS, 2023, is titled “Protection against prosecution for acts done under sections 148, 149 and 150.”

This section provides that no person shall be prosecuted in a criminal court for any act done or purported to be done under these sections unless certain sanctions are obtained. The section is divided into three sub-sections, each explaining specific legal safeguards and definitions.

Sub-section (1): Requirement of Government Sanction

According to sub-section (1):

No prosecution can be initiated against any person for acts done under Sections 148, 149, or 150 unless prior sanction is obtained.
If the person is a member or officer of the armed forces, sanction must be obtained from the Central Government.
In all other cases (such as police officers or magistrates), sanction must be obtained from the State Government.

This means that before any legal proceedings can be started against an official, the government must first approve the prosecution.

Purpose:
This safeguard is designed to prevent frivolous or politically motivated cases against officers performing their lawful duties. It ensures that legitimate actions taken to preserve law and order are not hindered by personal vendettas or public pressure.

Sub-section (2): Protection for Acts Done in Good Faith

Sub-section (2) extends protection to individuals acting in good faith under the relevant sections. It clearly mentions that:

Executive Magistrates or police officers acting under Sections 148, 149, or 150 in good faith cannot be prosecuted.
Any person complying with a requisition made under Section 148 or 149 in good faith is also protected.
Officers or members of the armed forces acting under Section 150 in good faith are similarly protected.
If a member of the armed forces performs an act in obedience to an order that he was legally bound to obey, he will not be held criminally liable.

Key Concept – “Good Faith”:
The phrase “in good faith” is crucial. It implies that the person must have acted honestly, without malicious intent, and with a reasonable belief that their actions were necessary under the law.

For instance, if a police officer uses force to disperse a violent crowd following the lawful order of a magistrate, such an act—though it may cause harm—cannot be prosecuted if done in good faith and within the scope of duty.

Sub-section (3): Definitions and Clarifications

Sub-section (3) provides definitions to clarify key terms used in Section 151 and the preceding sections of the chapter.

Armed Forces: Refers to the army, navy, and air forces operating as land forces, and includes any other armed forces of the Union operating in such capacity.
Officer: Refers to anyone commissioned, gazetted, or in pay as an officer of the armed forces, including junior commissioned officers, warrant officers, petty officers, non-commissioned officers, and non-gazetted officers.
Member: Refers to any person belonging to the armed forces who is not an officer.

These definitions are essential for identifying who can claim protection under this section and ensuring the law is applied consistently.

Objective and Rationale of Section 151

The primary objective of Section 151 is to provide legal immunity to public servants and armed forces personnel who act under lawful authority and in good faith while maintaining public order.

This protection is necessary because:

Law enforcement often involves difficult decisions — sometimes requiring the use of force to prevent greater harm.
Public officers need assurance that they won’t face legal harassment for performing their duties responsibly.
It ensures administrative efficiency, allowing officers to focus on their responsibilities without fear of retaliation.
It upholds discipline within the armed forces, where obedience to lawful orders is a key principle.

At the same time, the requirement of government sanction ensures that this protection is not absolute. It acts as a filter to prevent misuse of power, since the government can withhold sanction in cases where there is evidence of bad faith or abuse of authority.

Legal Balance: Protection vs. Accountability

Section 151 of the BNSS strikes a careful balance between protecting officials and ensuring accountability.

While it shields officers from undue prosecution, it does not grant them complete immunity. If an officer acts with malicious intent, exceeds authority, or commits acts not covered by good faith, they can still be held accountable once the appropriate government grants sanction.

This ensures that the provision is not a license for abuse but a protection for genuine and honest action under lawful authority.

Judicial Perspective and Precedents

The concept of requiring sanction for prosecution has existed in Indian criminal law for decades, including under the old CrPC. Courts have repeatedly upheld this requirement as a necessary safeguard.

In several judgments, the judiciary has clarified that:

The absence of sanction invalidates any prosecution initiated against a public servant for acts done in official capacity.
The test of good faith depends on whether the act was done with due care, honesty, and within the scope of duty.
Sanction cannot be used to protect mala fide acts or clear misuse of power.

Thus, judicial interpretation ensures that Section 151 is applied in a fair and balanced manner.

Practical Implications of Section 151

In practice, Section 151 is vital for:

Police and Magistrates: It protects them while performing duties such as dispersing unlawful assemblies or arresting individuals in high-tension situations.
Armed Forces: It safeguards soldiers assisting civil authorities during riots, natural disasters, or emergencies.
Citizens Assisting Authorities: Individuals helping the police under lawful orders are also protected.

However, authorities must always act within legal boundaries and document their actions properly, as bad faith or unauthorized use of power will not be protected.

Conclusion

BNSS Section 151 is a crucial provision ensuring that public officials and armed forces personnel performing their lawful duties are not unfairly targeted through criminal prosecution. It provides a balanced mechanism of protection with oversight, allowing officers to act decisively in maintaining law and order while preserving the rule of law.

By requiring prior sanction from the government and by conditioning immunity on good faith actions, Section 151 promotes responsible governance and disciplined enforcement. It strengthens the legal framework of the Bharatiya Nagarik Suraksha Sanhita, 2023, by protecting those who serve the nation while ensuring that justice remains accessible against genuine misuse of power.

In essence, Section 151 of the BNSS reinforces the principle that lawful authority must be protected, but not at the cost of accountability—a cornerstone of democratic governance and effective law enforcement in India.

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