CrPC 130→BNSS 149

CrPC 130 to BNSS 149: Use of armed forces to disperse assembly

Section 130 CrPC (1973) replaced by Section 149 BNSS (2023)

View CrPC Section 130 →View BNSS Section 149 →

CrPC 130 to BNSS 149 at a Glance

Section 130 CrPC (Use of armed forces to disperse assembly) is now Section 149 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 130 to BNSS 149?

From 1 July 2024, Section 130 of the Code of Criminal Procedure, 1973 is found in Section 149 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading. Section 149(1) BNSS reads the District Magistrate or any other Executive Magistrate authorised by him, who is present, where Section 130(1) CrPC read the Executive Magistrate of the highest rank who is present. Section 149(1) BNSS reads any assembly referred to in Section 148(1) BNSS where Section 130(1) CrPC read any such assembly. Section 149(2) BNSS reads the Executive Magistrate where Section 130(2) CrPC read the Magistrate. Section 149(3) BNSS reads the same as Section 130(3) CrPC.

CrPC 130 vs BNSS 149: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section130149
HeadingUse of armed forces to disperse assemblySame
Sub-sections3 sub-sectionsSame

CrPC 130 and BNSS 149: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 130, CrPC 1973

130. Use of armed forces to disperse assembly.—(1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank 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 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.
BNSS 2023 (in force)

Section 149, BNSS 2023

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.

When It Applies: CrPC 130 vs BNSS 149

Under CrPC 130
  1. Under Section 130(1) CrPC, the Executive Magistrate of the highest rank who is present may cause the assembly to be dispersed by the armed forces.
  2. Section 130(1) CrPC applies when any such assembly cannot be otherwise dispersed, and it is necessary for the public security that it should be dispersed.
  3. Under Section 130(2) CrPC, 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.
  4. Under Section 130(2) CrPC, such Magistrate may also require the officer to arrest and confine such persons forming part of the assembly as the 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.
  5. Under Section 130(3) CrPC, every such officer of the armed forces shall obey such requisition in such manner as he thinks fit.
  6. Under Section 130(3) CrPC, in obeying the requisition the officer 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.
Under BNSS 149
  1. Under Section 149(1) BNSS, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may cause the assembly to be dispersed by the armed forces.
  2. Section 149(1) BNSS applies when any assembly referred to in Section 148(1) BNSS cannot otherwise be dispersed, and it is necessary for the public security that it should be dispersed.
  3. Under Section 149(2) BNSS, 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.
  4. Under Section 149(2) BNSS, such Magistrate may also require the officer to arrest and confine such persons forming part of the assembly 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.
  5. Under Section 149(3) BNSS, every such officer of the armed forces shall obey such requisition in such manner as he thinks fit.
  6. Under Section 149(3) BNSS, in obeying the requisition the officer 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 CrPC 130 to BNSS 149 Means in Practice

From 1 July 2024, Section 149(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 names the District Magistrate or any other Executive Magistrate authorised by him, who is present, as the Magistrate who may cause the assembly to be dispersed by the armed forces. Section 130(1) of the Code of Criminal Procedure, 1973 named the Executive Magistrate of the highest rank who is present.

FAQs: CrPC 130 to BNSS 149

Where is Section 130 CrPC found from 1 July 2024?▼

Section 130 CrPC is found in Section 149 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 130(1) CrPC is found in Section 149(1) BNSS, Section 130(2) CrPC in Section 149(2) BNSS, and Section 130(3) CrPC in Section 149(3) BNSS.

Who may cause the assembly to be dispersed by the armed forces under Section 149(1) BNSS compared with Section 130(1) CrPC?▼

Section 149(1) BNSS reads the District Magistrate or any other Executive Magistrate authorised by him, who is present, where Section 130(1) CrPC read the Executive Magistrate of the highest rank who is present.

Which other words differ between Section 130 CrPC and Section 149 BNSS?▼

Section 149(1) BNSS reads any assembly referred to in Section 148(1) BNSS where Section 130(1) CrPC read any such assembly. Section 149(2) BNSS reads as the Executive Magistrate may direct where Section 130(2) CrPC read as the Magistrate may direct. Section 149(3) BNSS reads the same as Section 130(3) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·