Section 124 IPC Explained: Assaulting President, Governor in India

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Section 124 IPC Explained: Assaulting President, Governor in India

This section deals with the crime of assaulting the President or Governor of India. It is a serious offense with significant consequences.

1. State the Code

The code in question is Section 124 of the Indian Penal Code (IPC), which reads:

“Whoever assaults the President or the Governor of any State, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

2. Explain it

This section criminalizes any physical attack on the President or a Governor of any Indian state. It is a **non-bailable offense**, meaning the accused cannot be released on bail automatically. The offense is classified as a **cognizable offense**, which means the police can arrest the accused without a warrant.

The section aims to protect the head of state and the head of a state government from physical harm. This is crucial for ensuring the smooth functioning of the government and maintaining public order.

3. Illustrate it

  • A person throws a stone at the President’s car during a public event.
  • An individual physically assaults the Governor of a state while he is giving a speech.

Both these actions would be considered offenses under Section 124 IPC.

4. Common Question and Answers

Q: What is considered an “assault” under this section?

A: Any physical contact or act that causes apprehension of immediate harm is considered assault. This includes hitting, kicking, pushing, or even spitting at the President or Governor.

Q: Can someone be charged under this section for verbal abuse?

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A: No. This section only applies to physical assaults. Verbal abuse, however offensive, is not covered.

Q: What are the possible punishments for this offense?

A: The punishment can range from imprisonment for life to ten years, along with a fine.

Q: Can this section be applied to attacks on other high-ranking officials?

A: No, this section specifically applies to the President and Governors. Attacks on other officials may be covered under different sections of the IPC.

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