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

BNSS

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Explanation using Example

Example 1:

Scenario: A police officer, Inspector Sharma, is tasked with dispersing an unlawful assembly that has gathered in a public park in Delhi. The crowd becomes violent, and Inspector Sharma orders his team to use tear gas to disperse the crowd. During the operation, some individuals in the crowd suffer minor injuries.

Application of Section 151:

  • Protection: Inspector Sharma and his team are protected under Section 151(2)(a) as they were acting in good faith under Section 148 to disperse the unlawful assembly.
  • Prosecution: No criminal prosecution can be initiated against Inspector Sharma or his team without the sanction of the State Government as per Section 151(1)(b).

Example 2:

Scenario: Captain Raj, an officer in the Indian Army, is ordered to assist the local police in controlling a riot in a border town. During the operation, Captain Raj orders his troops to use non-lethal force to control the situation. Some property is damaged in the process.

Application of Section 151:

  • Protection: Captain Raj and his troops are protected under Section 151(2)(c) and (d) as they were acting in good faith under Section 150 and obeying orders.
  • Prosecution: No criminal prosecution can be initiated against Captain Raj or his troops without the sanction of the Central Government as per Section 151(1)(a).

Example 3:

Scenario: A local resident, Mr. Kumar, is asked by the police to help barricade a street to prevent an unlawful assembly from entering a residential area. Mr. Kumar complies and helps set up the barricade. During the process, a few individuals from the assembly try to break through and get injured.

Application of Section 151:

  • Protection: Mr. Kumar is protected under Section 151(2)(b) as he was acting in good faith in compliance with a requisition under Section 148.
  • Prosecution: No criminal prosecution can be initiated against Mr. Kumar without the sanction of the State Government as per Section 151(1)(b).

Example 4:

Scenario: Sub-Inspector Meena is involved in controlling a large protest that has turned violent. She orders her team to use water cannons to disperse the crowd. Some protestors file a complaint against her for using excessive force.

Application of Section 151:

  • Protection: Sub-Inspector Meena is protected under Section 151(2)(a) as she was acting in good faith under Section 148 to maintain public order.
  • Prosecution: No criminal prosecution can be initiated against Sub-Inspector Meena without the sanction of the State Government as per Section 151(1)(b).
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