(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 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 order to disperse such assembly or that they may be punished according to law.
Bharatiya Nagarik Suraksha Sanhita
Section 148
Dispersal of assembly by use of civil force
⚡ Quick Answer Reference: Section 148 BNSS
- Provision: Section 148 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: This section allows police officers to order an unlawful assembly to disperse. If the assembly doesn't disperse, the police can use force to break it up and arrest its members. The police can also ask for help from other people to disperse the assembly.
What does Section 148 of BNSS say?
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What does Section 148 of BNSS mean?
Plain English Explanation
This section allows police officers to order an unlawful assembly to disperse. If the assembly doesn't disperse, the police can use force to break it up and arrest its members. The police can also ask for help from other people to disperse the assembly.
Practical Interpretation
In real-life situations, this section is often used to disperse crowds that are causing public disturbances or unrest. Police officers will first try to reason with the crowd and ask them to disperse peacefully. If the crowd refuses, the police may use force to break it up and make arrests.
Core Legal Purpose
The core purpose of this section is to maintain public order and prevent disturbances. It gives police officers the authority to take necessary measures to disperse unlawful assemblies and restore peace.
- •The assembly must be unlawful or likely to cause a disturbance of the public peace.
- •The police officer must be an Executive Magistrate or a police officer not below the rank of a sub-inspector.
- •The assembly must be ordered to disperse, and if it doesn't, the police can use force to break it up.
- •The police can require the assistance of any person to disperse the assembly.
Practical Example of Section 148 BNSS
Rajesh, a local resident, organizes a protest in a public park without permission. The police, led by Officer Priya, arrive at the scene and order the protesters to disperse. However, the protesters refuse to leave, and the situation becomes tense. Officer Priya, being an Executive Magistrate, decides to use force to break up the assembly and makes arrests. She also asks for help from other police officers to maintain order.
Frequently Asked Questions about Section 148 BNSS
Q: What is the punishment or consequence under Section 148 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of an offence under this section would depend on the underlying offence that led to the assembly being declared unlawful.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as long as they are part of an unlawful assembly or are likely to cause a disturbance of the public peace.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. However, if an offence is committed under this section, it would be cognizable, as the police have the authority to make arrests without a warrant.
Common Questions about Section 148 BNSS
What is Section 148 of BNSS?
Section 148 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Dispersal of assembly by use of civil force". In plain terms: This section allows police officers to order an unlawful assembly to disperse. If the assembly doesn't disperse, the police can use force to break it up and arrest its members. The police can also ask for help from other people to disperse the assembly.
What is the punishment under Section 148 of BNSS?
Section 148 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 148 of BNSS bailable or non-bailable?
Whether Section 148 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 148 of BNSS?
The essential elements of Section 148 of BNSS are: The assembly must be unlawful or likely to cause a disturbance of the public peace.; The police officer must be an Executive Magistrate or a police officer not below the rank of a sub-inspector.; The assembly must be ordered to disperse, and if it doesn't, the police can use force to break it up..
Landmark Judgments under Section 148 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 148
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