Section 124 IPC - Assaulting President or Governor to Compel Lawful Power
Section 124 of the Indian Penal Code, 1860 dealt with assaulting, wrongfully restraining or overawing the President of India or the Governor of a State, with the specific intention of inducing or compelling that constitutional authority to exercise, or refrain from exercising, any lawful power.
Section 124 IPC: statutory provision explained
Section 124 applied where a person, intending to induce or compel the President of India or the Governor of a State to exercise or refrain from exercising any lawful power, assaulted or wrongfully restrained that authority, attempted wrongfully to restrain the authority, or overawed or attempted to overawe the authority by criminal force or the show of criminal force. The punishment was imprisonment of either description for a term which could extend to seven years, together with liability to fine.
Essential ingredients of Section 124 IPC
For the offence under Section 124 IPC, the statutory elements included both the prohibited conduct and the particular intention described by the section:
- The person affected must be the President of India or the Governor of a State.
- The accused must have the intention of inducing or compelling that authority to exercise, or refrain from exercising, a lawful power.
- With that intention, the accused must assault or wrongfully restrain the President or Governor, attempt wrongfully to restrain them, or overawe or attempt to overawe them by criminal force or the show of criminal force.
- The prohibited conduct and the specified intention must be connected; the section was not framed as a general provision covering every assault or restraint irrespective of purpose.
Meaning of assault, wrongful restraint and criminal force
Assault under Section 351 IPC
Under Section 351 IPC, a person committed assault by making a gesture or preparation intending, or knowing it to be likely, that the gesture or preparation would cause a person present to apprehend that criminal force was about to be used against that person. Mere words did not by themselves amount to assault, although words could give a gesture or preparation the meaning necessary to constitute assault.
Wrongful restraint under Section 339 IPC
Section 339 IPC defined wrongful restraint in substance as voluntarily obstructing a person so as to prevent that person from proceeding in a direction in which the person had a right to proceed, subject to the statutory exception concerning a private way over land or water where the person in good faith believed there was a lawful right to obstruct it.
Criminal force under Section 350 IPC
Section 350 IPC treated intentional use of force against another person, without that person's consent, as criminal force where it was used to commit an offence or with the intention or knowledge specified in that provision. Section 124 expressly extended to overawing, or attempting to overawe, the President or Governor by criminal force or the show of criminal force.
What does "lawful power" mean in Section 124 IPC?
The section was directed at coercion concerning the exercise of a power lawfully vested in the President or Governor. The prosecution therefore had to establish the relevant lawful power and the accused's intention to induce or compel its exercise or non-exercise. The statutory focus was on coercive interference with the exercise of lawful constitutional or legal authority.
Punishment and CrPC classification
| Particular | Section 124 IPC position |
|---|---|
| Punishment | Imprisonment of either description for a term which may extend to seven years, and liability to fine |
| Cognizability | Cognizable |
| Bail classification | Non-bailable |
| Court competent to try | Court of Session |
Relationship with nearby offences against the State
Section 124 formed part of Chapter VI of the IPC, dealing with offences against the State. Section 121 IPC concerned waging or attempting to wage war against the Government of India; Section 121A IPC dealt with specified conspiracies; Section 122 IPC dealt with collecting arms or otherwise preparing to wage war with the required intention; and Section 123 IPC dealt with concealing a design to wage war. Section 124 was distinct in targeting coercive acts directed at the President or Governor for the purpose specified in the provision.
Legislative history of Section 124 IPC
The wording of Section 124 reflected successive constitutional changes. "President" replaced the former reference to the Governor-General. Act 3 of 1951 amended the reference to Governor; the words "or Rajpramukh" were omitted by the Adaptation of Laws Order, 1956. "State" replaced the earlier "Province," which itself had replaced "Presidency." Earlier references to Lieutenant-Governors and members of the Governor-General's or Presidency councils were also removed through successive Adaptation Orders.
Position after commencement of BNS 2023
The Indian Penal Code, 1860 was replaced prospectively by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024, subject to the commencement notification and applicable saving provisions. This page intentionally explains the Section 124 IPC framework immediately before that transition. For any particular proceeding spanning the change in criminal laws, the date of the alleged offence and the relevant repeal and saving provisions should be examined.
This page provides general information on the statutory position under the Indian Penal Code, 1860 before BNS implementation and is not a substitute for legal advice on particular facts.