Indian Penal Code, 1860
Section 124
repealedAssaulting 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 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.
Why this exists
This section protects the highest constitutional office-holders — the President and Governors — from coercion. In a constitutional democracy, these figures must be free to exercise their powers (like giving assent to bills, appointing officials, or exercising discretion in certain matters) without being physically threatened or forced into a decision. The provision mirrors the idea that attacks on the dignity and independence of the head of state or head of a state government are attacks on the constitutional order itself. It was inherited from British-era IPC drafting, originally aimed at protecting sovereign authority, and was adapted post-independence to fit India's republican structure with an elected President and appointed Governors.
Common misconceptions
- Myth: This section only applies if the President or Governor is actually physically hurt.
Fact: The law also covers attempts to restrain, intimidate, or show force — actual injury isn't required, just the threatening act done with the right intention. - Myth: Peaceful protest against a Governor's decision is covered by this law.
Fact: Ordinary protest or criticism isn't punishable; the section targets criminal force or its threat used specifically to compel or restrain the exercise of lawful power.