Section 149 BNSS: Use of armed forces to disperse assembly
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 149 BNSS at a Glance
Section 149 BNSS deals with use of armed forces to disperse assembly. It replaced Section 130 CrPC on 1 July 2024.
Section 149 BNSS Bare Act Text
(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.
Source: Section 149, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 149 BNSS in Simple Words
Section 149 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the use of armed forces to disperse an assembly. The District Magistrate, or any other Executive Magistrate authorised by the District Magistrate, who is present, may cause an assembly referred to in section 148(1) of the Sanhita to be dispersed by the armed forces. This applies when the assembly cannot otherwise be dispersed and it is necessary for the public security that it be dispersed.
That 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 the command of that officer. The Magistrate may also require the officer to arrest and confine certain persons forming part of the assembly. These are the persons whom the Executive Magistrate directs, or whom it is necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.
Every such officer of the armed forces shall obey the requisition in the manner the officer thinks fit. In doing so, the officer shall use as little force, and cause as little injury to person and property, as is consistent with dispersing the assembly and with arresting and detaining those persons.
When Section 149 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- Under Section 149(3) BNSS, every such officer of the armed forces shall obey such requisition in such manner as he thinks fit.
- 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.
Example of Section 149 BNSS
When Section 149 BNSS Does Not Apply
- Section 149(1) BNSS speaks of dispersal of an assembly by the armed forces. It does not deal with dispersal of an assembly by the use of civil force, which Section 148 BNSS deals with.
- Section 149(2) BNSS speaks of requiring an officer in command of a group of persons belonging to the armed forces. It does not deal with requiring the assistance of a person who is not an officer or member of the armed forces, which Section 148(2) BNSS deals with.
- Section 149(3) BNSS speaks of the manner in which an officer of the armed forces obeys a requisition. It does not deal with protection against prosecution for acts done under a requisition, which Section 151 BNSS deals with.
Section 149 BNSS in the CrPC (Previous Law)
Section 149 BNSS replaced Section 130 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 149 BNSS
Who may cause an assembly to be dispersed by the armed forces under Section 149 BNSS?▼
Under Section 149(1) BNSS, if 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, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may cause it to be dispersed by the armed forces.
What may the Magistrate require an officer of the armed forces to do under Section 149(2) BNSS?▼
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, 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.
How must an officer of the armed forces obey the requisition under Section 149(3) BNSS?▼
Under Section 149(3) BNSS, 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 Section 130 CrPC to Section 149 BNSS from 1 July 2024?▼
Section 149 BNSS has the same heading as Section 130 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. 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.
Section 149 BNSS: Sub-sections Explained
Section 149(1) BNSS: Use of armed forces to disperse assembly
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Bare Act Text
(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.
Section 149(2) BNSS: Use of armed forces to disperse assembly
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Bare Act Text
(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.
Section 149(3) BNSS: Use of armed forces to disperse assembly
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·