Section 150 BNSS: Power of certain armed force officers to disperse assembly (Formerly Section 131 CrPC)

Section 150 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of certain armed force officers to disperse assembly

Official Bare Act Text

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

When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g)

Legal Commentary & Landmark Judgments: Section 150

Section 150 empowers an officer commanding any armed force to disperse an unlawful assembly on their own initiative when public security is manifestly endangered and no Executive Magistrate can be communicated with.

Emergency Circumstances: Public security manifestly endangered and no Executive Magistrate can be communicated with.
Military Commander's Initiative: Commissioned or gazetted military officer takes command to disperse assembly.
Mandatory Magisterial Communication: Must communicate with an Executive Magistrate at the earliest opportunity and obey further directions.

Key Landmark Precedents:

Naga People's Movement for Human Rights v. Union of India (1998) 2 SCC 109: The Supreme Court held that independent military action under emergency dispersal provisions is strictly defensive and temporary, ending the moment communication with civil authority is established.
Extra Judicial Execution Victim Families Association v. Union of India (2016) 14 SCC 578: The Supreme Court held that even during armed forces operations, excessive force or extra-judicial killings cannot claim sovereign immunity.

Courtroom Practice & Strategic Litigation Guidance:

Examine military logs and wireless transcripts. If the commanding officer had active radio contact with an SDM or DM and bypassed civil authority to open fire, Section 150 protection is unavailable.