Section 130 CrPC: Use of armed forces to disperse assembly

Code of Criminal Procedure, 1973

Section 130 CrPC at a Glance

Section 130 CrPC deals with use of armed forces to disperse assembly. From 1 July 2024 it is replaced by Section 149 BNSS.

Now BNSS

Section 149 →

What Section 130 CrPC Says

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.

Source: Section 130, Code of Criminal Procedure, 1973

Section 130 CrPC in Simple Words

Section 130 of the Code of Criminal Procedure, 1973 deals with the use of armed forces to disperse an assembly. The Executive Magistrate of the highest rank who is present may cause an assembly of the kind referred to in section 129 of the Code 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 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 130 CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • Under Section 130(3) CrPC, every such officer of the armed forces shall obey such requisition in such manner as he thinks fit.
  • 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.

Example of Section 130 CrPC

An assembly cannot be otherwise dispersed, and it is necessary for the public security that it should be dispersed. Vivek is the Executive Magistrate of the highest rank who is present. Under Section 130(1) CrPC, Vivek may cause the assembly to be dispersed by the armed forces. Under Section 130(2) CrPC, Vivek may require Major Arjun, an officer in command of a group of persons belonging to the armed forces, to disperse the assembly with the help of the armed forces under the command of Major Arjun, and to arrest and confine such persons forming part of it as the Magistrate may direct. Under Section 130(3) CrPC, Major Arjun shall obey the requisition in the manner Major Arjun thinks fit, using as little force, and doing as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

When Section 130 CrPC Does Not Apply

  • Section 130(1) CrPC 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 129 CrPC deals with.
  • Section 130(2) CrPC 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 129(2) CrPC deals with.
  • Section 130(3) CrPC 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 132 CrPC deals with.

Section 130 CrPC Under BNSS 149: What Changed

Section 130 CrPC is now covered under Section 149 BNSS.

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.

View detailed comparison (CrPC 130 vs BNSS 149) →

FAQs on Section 130 CrPC

Who may cause an assembly to be dispersed by the armed forces under Section 130 CrPC?▼

Under Section 130(1) CrPC, if any such assembly cannot be otherwise dispersed, and 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.

What may the Magistrate require an officer of the armed forces to do under Section 130(2) CrPC?▼

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, 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.

How must an officer of the armed forces obey the requisition under Section 130(3) CrPC?▼

Under Section 130(3) CrPC, 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.

Where is Section 130 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·