IPC Section 124: Overview
IPC Section 124 was placed among the offences relating to the State. It addressed conduct directed against the President of India or Governor of a State when the purpose was to compel or induce the exercise or non-exercise of lawful constitutional powers.
The provision covered assault, wrongful restraint and attempts to wrongfully restrain the concerned constitutional authority. The intention behind the conduct was a central part of the offence.
| IPC Section | 124 |
|---|---|
| Subject | Assaulting President, Governor, etc., with intent to compel or restrain lawful power |
| Punishment | Imprisonment of either description up to 7 years and fine |
| Cognizable | Yes |
| Bailable | No |
| Triable By | Court of Session |
| BNS Equivalent | Section 151 |
IPC Section 124 Bare Act
The provision focused on the combination of the prohibited conduct and the specific intention to influence the lawful exercise of constitutional power.
Essential Ingredients of IPC Section 124
For conduct to fall within Section 124, the relevant legal ingredients had to be established. The intention behind the conduct was particularly important.
Protected Constitutional Authority
The provision applied to the President of India or the Governor of a State.
Assault or Wrongful Restraint
The conduct could involve assault, wrongful restraint, or an attempt to wrongfully restrain the concerned authority.
Specific Intention
The accused must have acted with the intention of inducing or compelling the President or Governor to exercise or refrain from exercising lawful powers.
Connection With Lawful Power
The intended pressure or restraint had to relate to the lawful powers of the President or Governor.
IPC Section 124: Punishment and Classification
| Maximum Punishment | Imprisonment of either description for up to 7 years and fine |
|---|---|
| Nature of Offence | Offence against the State |
| Cognizable or Non-Cognizable | Cognizable |
| Bailable or Non-Bailable | Non-bailable |
| Triable By | Court of Session |
| Compoundable | Non-compoundable |
Is IPC Section 124 Bailable?
IPC Section 124 was classified as a non-bailable offence. Bail in a non-bailable case is not automatic. The court considers the facts, evidence, circumstances and applicable legal provisions while deciding a bail application.
Is IPC Section 124 Cognizable?
Yes. The offence was classified as cognizable. This means the police could exercise the powers available for cognizable offences, subject to the applicable criminal procedure law.
What Should You Do If Section 124 Is Relevant?
If You Are Reporting the Offence
- Preserve information about the alleged assault, restraint or attempted restraint.
- Record the circumstances showing the alleged intention behind the conduct.
- Preserve witness details, recordings, documents and other relevant evidence.
- Discuss the facts with a criminal lawyer before taking further legal action.
If You Are Accused of an Offence
- Speak to a criminal lawyer as soon as possible.
- Preserve documents, communications and other evidence relevant to the allegations.
- Review whether the required intention under Section 124 can actually be established.
- Discuss bail and defence options with your lawyer based on the facts of the case.
Importance of Intention Under Section 124
The prosecution would need to establish the required intention. The mere existence of physical contact or restraint would not by itself answer every requirement of Section 124. The conduct had to be connected with the intention of compelling or inducing the President or Governor to exercise or refrain from exercising lawful powers.
Important Legal Principles Relating to Section 124
Specific Intention Is Important
Section 124 was not based only on the physical act. The prosecution also had to establish the intention to induce or compel the President or Governor to exercise or refrain from exercising lawful powers.
Protection of Lawful Constitutional Powers
The provision addressed conduct intended to interfere with the lawful exercise or non-exercise of powers belonging to the President or Governor.
Assault and Wrongful Restraint Must Be Examined With the Intent
The nature of the physical conduct and the intention behind it must be examined together when determining whether the ingredients of the provision are satisfied.
IPC Section 124 Was Replaced by BNS Section 151
The Indian Penal Code was repealed with effect from 1 July 2024. The corresponding provision is now found in Section 151 of the Bharatiya Nyaya Sanhita, 2023.