Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 150: Power of Certain Armed Force Officers to Disperse Assembly
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.
Brefe Detail
Section 150 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants certain commissioned or gazetted officers of the armed forces the authority to disperse assemblies that pose an immediate threat to public security when they cannot reach an Executive Magistrate. These officers can take necessary action, including arresting individuals, but must seek guidance from a Magistrate if communication becomes possible.
Question & Answers
What authority do armed forces officers have under Section 150?
Commissioned or gazetted officers of the armed forces can disperse assemblies that endanger public security when no Executive Magistrate is available.
What actions can these officers take?
They can disperse the assembly and arrest or confine individuals who are part of it.
What must an officer do if they can contact an Executive Magistrate?
If contact becomes possible, the officer must communicate with the Magistrate and follow their instructions regarding whether to continue dispersing the assembly.
Under what circumstances can these actions be taken?
Actions can be taken when public security is manifestly endangered, and no Executive Magistrate can be reached.
Example
- A gazetted officer of the armed forces encounters a large crowd threatening public safety and cannot reach an Executive Magistrate. The officer may then disperse the assembly and arrest individuals to prevent any disturbances.
- If an officer begins to disperse an assembly and later establishes communication with an Executive Magistrate, they must follow the Magistrate's directives on how to proceed further.
Summary
Section 150 empowers commissioned or gazetted officers of the armed forces to act swiftly in dispersing assemblies that threaten public security, especially when they cannot communicate with an Executive Magistrate. The section emphasizes the importance of adhering to Magistrate instructions once communication is established.
