Section 149 BNSS: Use of armed forces to disperse assembly (Formerly Section 130 CrPC)

Section 149 of Bharatiya Nagarik Suraksha Sanhita, 2023: Use of armed forces to disperse assembly

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 149

Section 149 empowers an Executive Magistrate of the highest rank present to cause any unlawful assembly to be dispersed by the armed forces, when the assembly cannot be otherwise dispersed and public security is endangered.

Armed Forces Requisition: Executive Magistrate of highest rank calls upon armed forces of the Union to disperse unlawful assembly.
Extreme Public Endangerment: Invoked only when civil police are insufficient and public security is gravely threatened.
Minimum Force Command: Armed forces must use as little force and do as little injury to person and property as may be consistent with dispersing the assembly.

Key Landmark Precedents:

Naga People's Movement for Human Rights v. Union of India (1998) 2 SCC 109: The Constitution Bench settled that deployment of armed forces in aid of civil power is subject to the doctrine of necessity and minimum force, requiring strict executive subordination.
Inderjit Barua v. State of Assam (1983) 2 SCC 440: Affirmed that armed forces operating in civil areas must act under executive magisterial direction with maximum restraint.

Courtroom Practice & Strategic Litigation Guidance:

In inquiries into military or paramilitary firing during civilian riots, verify whether a requisition was signed by the highest Executive Magistrate present on site as mandated by Section 149. Unilateral military firing without magisterial order is illegal.