CrPC Section 130 — Use of armed forces to disperse assembly

Summary

Sub-section (1) says that if the assembly cannot be dispersed in another way and dispersing it is necessary for public security, the Executive Magistrate of the highest rank who is present may have the armed forces disperse it.

Sub-section (2) says that the Magistrate may require an officer in command of a group of armed forces personnel to disperse the assembly using the forces under that officer’s command. The Magistrate may also direct the arrest and confinement of people in the assembly, or require the arrest and confinement of people as may be necessary to disperse the assembly or have them punished according to law.

Sub-section (3) says that the officer must comply with the Magistrate’s request in whatever way the officer considers appropriate. The officer must use as little force and cause as little injury to people and property as is consistent with dispersing the assembly and arresting and detaining those people.

Official Text

(1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank 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 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.

Referred to by

• CrPC §39 — Public to give information of certain offences
• CrPC §132 — Protection against prosecution for acts done under preceding sections

Old <-> New Code Mapping

• BNSS §149 — Use of armed forces to disperse assembly