IPC Section 124

๐Ÿ”น Section 124 of the Indian Penal Code โ€“ "Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power"

โš–๏ธ Text of Section 124 (Simplified):

Whoever assaults or uses criminal force to the President of India, the Governor of a State, the Administrator of a Union Territory, or any other person lawfully discharging the functions of the President or Governor, with the intention to compel or restrain that person from performing any lawful duty, or in procuring or preventing the exercise of any lawful power vested in that person, shall be punished with imprisonment which may extend to seven years, or with fine, or with both.

๐Ÿ” Detailed Explanation:

1. Who is protected under Section 124?

The President of India

The Governor of a State

The Administrator of a Union Territory

Any person lawfully acting in the capacity of the President or Governor (for example, acting President or acting Governor)

2. What acts are covered?

Assaulting: Physically attacking or threatening to attack.

Using criminal force: Applying force to someone with criminal intent, such as pushing, grabbing, or any violent action.

3. What is the intent required?

The act must be done with the intention to:

Compel the person to do or not do something.

Restrain the person from performing their lawful duties.

Procure or prevent the exercise of any lawful power vested in that person.

4. Why is this section important?

The President, Governor, and similar high constitutional authorities perform important constitutional duties.

This section safeguards them against physical interference that could hinder their lawful functions.

It ensures respect and protection for constitutional authorities to maintain the rule of law and governance.

5. Punishment:

Imprisonment up to 7 years.

Or a fine.

Or both imprisonment and fine.

6. Examples:

Physically attacking a Governor during a public event to prevent them from swearing in a Chief Minister.

Using force to stop the Presidentโ€™s official duties.

Threatening or pushing the Administrator of a Union Territory to prevent lawful exercise of power.

7. Difference from other related offences:

This is a specific offence protecting constitutional authorities.

It is different from general assault or criminal force offences because of the status of the victim and the intention behind the act.

โœ… Summary:

Section 124 IPC criminalizes assault or use of criminal force against the President, Governor, or similar high officials when done with the intent to compel, restrain, or obstruct their lawful functions. The law prescribes serious punishment, reflecting the importance of protecting constitutional authorities.

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