CrPC Section 129 — Dispersal of assembly by use of civil force

CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

General

Summary

Sub-section (1) allows an Executive Magistrate, the officer in charge of a police station, or, if that officer is absent, a police officer of at least sub-inspector rank to order an unlawful assembly—or an assembly of five or more people likely to disturb the public peace—to disperse. Once ordered, the members must disperse.

Sub-section (2) applies if an assembly does not disperse after being ordered to do so, or, without an order, behaves in a way that shows it is determined not to disperse. An Executive Magistrate or police officer referred to in sub-section (1) may then use force to disperse the assembly and may ask any male person who is not acting as an officer or member of the armed forces to help. If necessary, that person may also be asked to help arrest and confine members of the assembly so it can be dispersed or they can be punished according to law.

Official Text

(1) Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.

(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in 1. Subs. by Act 50 of 2001, s. 3, for “monthly allowance in pursuance of” (w.e.f. 24-9-2001). 2. Subs. by s. 4, ibid., for “maintenance” (w.e.f. 24-9-2001). order to disperse such assembly or that they may be punished according to law.

Referred to by

Old <-> New Code Mapping

  • BNSS §148 — Dispersal of assembly by use of civil force