Section 129 CrPC: Dispersal of assembly by use of civil force

Code of Criminal Procedure, 1973

Section 129 CrPC at a Glance

Section 129 CrPC deals with dispersal of assembly by use of civil force. From 1 July 2024 it is replaced by Section 148 BNSS.

Now BNSS

Section 148 →

What Section 129 CrPC Says

129. 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 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 male 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 129, Code of Criminal Procedure, 1973

Section 129 CrPC in Simple Words

Section 129 of the Code of Criminal Procedure, 1973 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 male person, not being an officer or member of the armed forces and acting as such.

When Section 129 CrPC Applies

  • Under Section 129(1) CrPC, 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 129(1) CrPC 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 129(1) CrPC, it is the duty of the members of the assembly to disperse accordingly.
  • Under Section 129(2) CrPC, 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 129(1) CrPC may proceed to disperse it by force.
  • In dispersing the assembly by force under Section 129(2) CrPC, the Executive Magistrate or police officer may require the assistance of any male 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 129 CrPC

Five persons led by Ramesh gather in a market in a manner likely to cause a disturbance of the public peace. The officer in charge of the police station is absent, and Sub-Inspector Vikram reaches the spot. Under Section 129(1) CrPC, Vikram may command the assembly to disperse, and it is the duty of the members of the assembly to disperse accordingly. If the assembly does not disperse upon being commanded, Vikram may proceed to disperse the assembly by force under Section 129(2) CrPC and may require the assistance of Suresh, a male person who is not an officer or member of the armed forces acting as such.

When Section 129 CrPC Does Not Apply

  • Section 129(1) CrPC 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 130 CrPC deals with.
  • Section 129(2) CrPC 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 130(2) CrPC deals with.
  • Section 129 CrPC 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 132 CrPC deals with.

Section 129 CrPC Under BNSS 148: What Changed

Section 129 CrPC is now covered under Section 148 BNSS.

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.

View detailed comparison (CrPC 129 vs BNSS 148) →

FAQs on Section 129 CrPC

Who may command an assembly to disperse under Section 129 CrPC?▼

Under Section 129(1) CrPC, 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 129 CrPC without first commanding the assembly to disperse?▼

Under Section 129(2) CrPC, 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 129(1) CrPC may proceed to disperse it by force.

Whose assistance can be required when dispersing an assembly by force under Section 129 CrPC?▼

Under Section 129(2) CrPC, the Executive Magistrate or police officer may require the assistance of any male 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.

Where is Section 129 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 129 CrPC is found in Section 148 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 129(1) CrPC is found in Section 148(1) BNSS and Section 129(2) CrPC in Section 148(2) BNSS.

Have questions about Section 129 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·