BNSS Section 149 — Use of armed forces to disperse assembly

CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY — A.—Unlawful assemblies

Criminal

Summary

If an unlawful assembly cannot be broken up by other means and public security requires it, the District Magistrate or an authorised Executive Magistrate who is present can order the armed forces to disperse it. The Magistrate can direct the commanding officer of an armed forces group to use his troops to break up the assembly and to arrest and confine anyone the Magistrate specifies, or anyone whose arrest is needed to end the assembly or to ensure they can be punished by law. The commanding officer must follow this order in whatever way he sees fit, but he must use as little force and cause as little harm to people and property as possible while still dispersing the assembly and making the necessary arrests.

Official Text

(1) If any assembly referred to in sub-section (1) of section 148 cannot otherwise be dispersed, and it is necessary for the public security that it should be dispersed, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may cause it to be dispersed by the armed forces.

(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Executive Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §130 — Use of armed forces to disperse assembly