(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.
Bharatiya Nagarik Suraksha Sanhita
Section 149
Use of armed forces to disperse assembly
⚡ Quick Answer Reference: Section 149 BNSS
- Provision: Section 149 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
- Jurisdiction: India
- Summary: If an assembly can't be dispersed peacefully, the District Magistrate or another Executive Magistrate can call in the armed forces to break it up. They can also arrest and detain people involved in the assembly if necessary.
What does Section 149 of BNSS say?
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What does Section 149 of BNSS mean?
Plain English Explanation
If an assembly can't be dispersed peacefully, the District Magistrate or another Executive Magistrate can call in the armed forces to break it up. They can also arrest and detain people involved in the assembly if necessary.
Practical Interpretation
In real-life situations, this section would be applied when a public gathering turns violent or poses a threat to public safety. The Magistrate would assess the situation and decide whether to call in the armed forces to disperse the crowd.
Core Legal Purpose
The core purpose of this section is to empower the District Magistrate or Executive Magistrate to take necessary measures to maintain public security and order in situations where an assembly cannot be dispersed peacefully.
- •The assembly cannot be dispersed peacefully.
- •It is necessary for public security that the assembly be dispersed.
- •The District Magistrate or Executive Magistrate is present and authorises the use of armed forces.
- •The armed forces use as little force as possible to disperse the assembly and arrest/detain individuals involved.
Practical Example of Section 149 BNSS
Rajesh, a local resident, organises a protest in a public square in Mumbai. The protest turns violent, and the police are unable to disperse the crowd. The District Magistrate, who is present, decides to call in the armed forces to break up the assembly. The armed forces are deployed, and they use minimal force to disperse the crowd. Some individuals are arrested and detained for their involvement in the violent protest.
Frequently Asked Questions about Section 149 BNSS
Q: What is the punishment or consequence under Section 149 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the circumstances under which the armed forces can be used to disperse an assembly.
Q: Does this section apply to private individuals or public entities?
This section applies to public gatherings and assemblies, which can include both private individuals and public entities. However, the focus is on maintaining public security and order.
Q: Is an offence under this section bailable or cognizable?
This section does not create an offence, but rather outlines a procedure for maintaining public security. Therefore, it is not applicable to determine whether an offence is bailable or cognizable.
Common Questions about Section 149 BNSS
What is Section 149 of BNSS?
Section 149 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Use of armed forces to disperse assembly". In plain terms: If an assembly can't be dispersed peacefully, the District Magistrate or another Executive Magistrate can call in the armed forces to break it up. They can also arrest and detain people involved in the assembly if necessary.
What is the punishment under Section 149 of BNSS?
Section 149 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 149 of BNSS bailable or non-bailable?
Whether Section 149 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 149 of BNSS?
The essential elements of Section 149 of BNSS are: The assembly cannot be dispersed peacefully.; It is necessary for public security that the assembly be dispersed.; The District Magistrate or Executive Magistrate is present and authorises the use of armed forces..
Landmark Judgments under Section 149 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 149
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