Section 148 BNSS: Dispersal of assembly by use of civil force
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 148 BNSS at a Glance
Section 148 BNSS deals with dispersal of assembly by use of civil force. It replaced Section 129 CrPC on 1 July 2024.
Section 148 BNSS Bare Act Text
(1) Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, 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.
Source: Section 148, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 148 BNSS in Simple Words
Section 148 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the dispersal of an assembly by use of civil force.
Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, 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.
If the assembly does not disperse, or shows a determination not to disperse, the Executive Magistrate or police officer may proceed to disperse it by force and may require the assistance of any person, not being an officer or member of the armed forces and acting as such.
When Section 148 BNSS Applies
- Under Section 148(1) BNSS, any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, may command an assembly to disperse.
- The assembly under Section 148(1) BNSS is any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace.
- Once an assembly is commanded to disperse under Section 148(1) BNSS, it is the duty of the members of the assembly to disperse accordingly.
- Under Section 148(2) BNSS, if the assembly does not disperse upon being commanded, or if, without being commanded, it conducts itself in such a manner as to show a determination not to disperse, the Executive Magistrate or police officer referred to in Section 148(1) BNSS may proceed to disperse it by force.
- In dispersing the assembly by force under Section 148(2) BNSS, the Executive Magistrate or police officer 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 the assembly, and, if necessary, may arrest and confine the persons who form part of it, in order to disperse the assembly or that they may be punished according to law.
Example of Section 148 BNSS
When Section 148 BNSS Does Not Apply
- Section 148(1) BNSS speaks of an Executive Magistrate, an officer in charge of a police station, or a police officer not below the rank of a sub-inspector commanding an assembly to disperse. It does not deal with the use of the armed forces to disperse an assembly, which Section 149 BNSS deals with.
- Section 148(2) BNSS speaks of requiring the assistance of a person who is not an officer or member of the armed forces acting as such. It does not deal with the requisition of an officer in command of a group of persons belonging to the armed forces, which Section 149(2) BNSS deals with.
- Section 148 BNSS speaks of commanding an assembly to disperse and dispersing it by force. It does not deal with protection against prosecution for acts done under it, which Section 151 BNSS deals with.
Section 148 BNSS in the CrPC (Previous Law)
Section 148 BNSS replaced Section 129 CrPC from 1 July 2024.
From 1 July 2024, Section 129 of the Code of Criminal Procedure, 1973 is found in Section 148 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading. Section 148(1) BNSS reads the same as Section 129(1) CrPC. Section 148(2) BNSS reads any person where Section 129(2) CrPC read any male person, and the rest of the sub-section reads the same.
Each sub-section below names its own source.
FAQs on Section 148 BNSS
Who may command an assembly to disperse under Section 148 BNSS?▼
Under Section 148(1) BNSS, any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, 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.
Can force be used under Section 148 BNSS without first commanding the assembly to disperse?▼
Under Section 148(2) BNSS, if upon being so commanded the 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, the Executive Magistrate or police officer referred to in Section 148(1) BNSS may proceed to disperse it by force.
Whose assistance can be required when dispersing an assembly by force under Section 148 BNSS?▼
Under Section 148(2) BNSS, the Executive Magistrate or police officer 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 the assembly, and, if necessary, may arrest and confine the persons who form part of it, in order to disperse the assembly or that they may be punished according to law.
What changed from Section 129 CrPC to Section 148 BNSS from 1 July 2024?▼
Section 148 BNSS has the same heading as Section 129 CrPC, and Section 148(1) BNSS reads the same as Section 129(1) CrPC. Section 148(2) BNSS reads may require the assistance of any person, not being an officer or member of the armed forces and acting as such, where Section 129(2) CrPC read may require the assistance of any male person, not being an officer or member of the armed forces and acting as such. The rest of Section 148(2) BNSS reads the same as Section 129(2) CrPC.
Section 148 BNSS: Sub-sections Explained
Section 148(1) BNSS: Dispersal of assembly by use of civil force
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Bare Act Text
(1) Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, 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.
Section 148(2) BNSS: Dispersal of assembly by use of civil force
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·