Section 148 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 148 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the dispersal of unlawful assemblies using civil force. It outlines the authority of Executive Magistrates and police officers to manage and disperse gatherings that threaten public peace.
📜 Text of Section 148
Section 148 – Dispersal of assembly by use of civil force
(1) Any Executive Magistrate or officer in charge of a police station, or in the absence of such officer, 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. (thebharatiyanagariksurakshasanhita.in)
⚖️ Legal Significance
Authority to Disperse: Empowers designated officials to command the dispersal of unlawful assemblies or those likely to disturb public peace.
Use of Force: Permits the use of civil force to disperse assemblies that fail to comply with dispersal commands.
Assistance and Arrests: Allows for the requisition of assistance from non-armed personnel and authorizes the arrest and confinement of individuals as necessary.
🔄 Equivalent Provision in the Code of Criminal Procedure (Cr.P.C.)
Section 148 of the BNSS corresponds to Section 129 of the Cr.P.C., which similarly grants authority to disperse unlawful assemblies using civil force. The provisions are largely aligned, ensuring continuity in the legal framework for maintaining public order.
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