Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 149

Use of armed forces to disperse assembly

In one line

BNSS Section 149 deals with use of armed forces to disperse assembly and replaces CrPC 130.

Bare act text — BNSS 149

149. Use of armed forces to disperse assembly.

(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.

What changed from the CrPC

  • CrPC 130 → BNSS 149: In subsection (1), the words "any such assembly" are replaced by "any assembly referred to in sub-section (1) of section 148," and "Executive Magistrate of the highest rank" is replaced by "District Magistrate or any other Executive Magistrate authorised by him".
  • CrPC 130 → BNSS 149: In Subsection 2, "Magistrate" is replaced by "Executive Magistrate".

Frequently asked

What was BNSS Section 149 in the CrPC?

BNSS Section 149 (Use of armed forces to disperse assembly) replaces Section 130 of the Code of Criminal Procedure, 1973. CrPC 130 is now BNSS 149.

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