Bharatiya Nagarik Suraksha Sanhita 2023
Section 151 :
Protection against prosecution for acts done under sections 148, 149 and 150 :
(See section 132 of CrPC 1973)
(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:
Provided that no case shall be registered under sub-section (1) of section 174 against any officer or member of the armed forces for any act done by him in obedience of any order which he was bound to obey in the discharge of his official duties, without making a preliminary enquiry into the matter:
Provided further that no officer or member of the armed forces of the Union or any police officer of a State shall be arrested for anything done or purported to be done by him in obedience of any order which he was bound to obey in the discharge of his official duties, except after obtaining the consent of the Central Government or the State Government.
(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.
