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Bharatiya Nagarik Suraksha Sanhita

Section 150

Power of certain armed force officers to disperse assembly

Quick Answer Reference: Section 150 BNSS

  • Provision: Section 150 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
  • Jurisdiction: India
  • Summary: This section allows certain armed force officers to disperse an assembly if public security is endangered and no Executive Magistrate is available. They can arrest and confine people to disperse the assembly or for legal punishment.
Statutory Content

What does Section 150 of BNSS say?

When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action.

Indian StandardSection 150, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 150 (India)
Court Pleading StandardSection 150 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/150

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose

What does Section 150 of BNSS mean?

Plain English Explanation

This section allows certain armed force officers to disperse an assembly if public security is endangered and no Executive Magistrate is available. They can arrest and confine people to disperse the assembly or for legal punishment.

Practical Interpretation

In practice, this section gives armed forces the authority to intervene in situations where public security is at risk and immediate action is needed, without waiting for an Executive Magistrate's instructions.

Core Legal Purpose

The core purpose of this section is to provide a mechanism for maintaining public order and security in emergency situations where normal legal processes may not be feasible.

Key Legal Elements
  • The public security must be manifestly endangered by the assembly.
  • No Executive Magistrate can be communicated with.
  • The officer must be a commissioned or gazetted officer of the armed forces.
  • The officer must obey the instructions of the Executive Magistrate once communication is established.
Practical Example

Practical Example of Section 150 BNSS

In a scenario where a large crowd gathers in a city like Mumbai, led by Rajesh, and starts rioting, endangering public security, and no Executive Magistrate is reachable, a commissioned officer like Amit from the armed forces can disperse the crowd and arrest individuals like Priya who are part of the assembly, to restore order and for potential legal action.

Common Questions (FAQ)

Frequently Asked Questions about Section 150 BNSS

Q: What is the punishment or consequence under Section 150 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It allows for the arrest and confinement of individuals to disperse an assembly or for them to be punished according to law, but the specific punishments are not outlined in this section.

Q: Does this section apply to private individuals or public entities?

This section applies to commissioned or gazetted officers of the armed forces, allowing them to take action against assemblies that endanger public security.

Q: Is an offence under this section bailable or cognizable?

This section does not define an offence in the traditional sense but rather outlines a procedure for maintaining public order. Therefore, it does not classify an offence as bailable or cognizable.

People Also Ask (PAA)

Common Questions about Section 150 BNSS

What is Section 150 of BNSS?

Section 150 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of certain armed force officers to disperse assembly". In plain terms: This section allows certain armed force officers to disperse an assembly if public security is endangered and no Executive Magistrate is available. They can arrest and confine people to disperse the assembly or for legal punishment.

What is the punishment under Section 150 of BNSS?

Section 150 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 150 of BNSS bailable or non-bailable?

Whether Section 150 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 150 of BNSS?

The essential elements of Section 150 of BNSS are: The public security must be manifestly endangered by the assembly.; No Executive Magistrate can be communicated with.; The officer must be a commissioned or gazetted officer of the armed forces..

Landmark Case Laws

Landmark Judgments under Section 150 BNSS

2013 2 SCC 1

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

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