IPC Section 124 - Assaulting President, Governor, etc., with Intent to Compel or Restrain the Exercise of any Lawful Power
Whoever, with the intention of inducing or compelling the President of India, or the Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Official Text
“Whoever, with the intention of inducing or compelling the President of India, or the Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
Legal Analysis
Elements to Prove:
- The Act: The accused committed an act of assault, wrongful restraint, or showed criminal force.
- The Target: The act was directed against the President of India or the Governor of a State.
- The Intent: The act was done with the specific intention of forcing the President/Governor to do something (or not do something) that falls within their official lawful powers.
Potential Defenses:
- A defendant could argue that their actions, while perhaps constituting a lesser offense like rioting, lacked the specific intent to compel the exercise of a lawful power.
- They might also argue their actions were not directed at the President/Governor but were part of a general protest.
Practical Examples
What Constitutes the Offense:
A mob physically blocking the Governor's car to prevent them from reaching the State Assembly to give assent to a controversial bill. Another example is a person throwing a projectile towards the President on a stage with the clear intention of intimidating them into not making a scheduled policy announcement.
What Doesn't Constitute:
Participating in a peaceful, permitted protest march near the Rashtrapati Bhavan (Presidential Palace) against a government policy. Sharply criticizing the Governor's actions in an open letter or a newspaper article does not constitute this offense, as there is no assault, restraint, or show of criminal force.
Important Case Laws
Limited Case Law
This section is very rarely invoked, and as such, there is a scarcity of landmark judgments that interpret it. The principles would likely be derived from general assault and wrongful restraint cases but applied to the specific context of the President or a Governor. The core of any case would revolve around proving the specific intent to compel or restrain the exercise of a lawful power, which is a high threshold.
Punishment
Imprisonment for up to 7 years, and a Fine
Related Information
Connected Sections:
This section is a specific form of assault and wrongful restraint (defined in §351 and §341 respectively), but it is elevated to a serious offense against the state because of the high office of the victim and the political motive behind the act.
Procedural Aspects:
Prosecution requires prior sanction from the Central Government (for the President) or the State Government (for the Governor). The offense is triable by a Court of Session.