Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 148: 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 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.
Brefe Detail
Section 148 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers Executive Magistrates and police officers to command the dispersal of unlawful assemblies or gatherings of five or more individuals that may disturb public peace. If the assembly fails to disperse upon command, authorities may use force to disperse it and can enlist civilian assistance if needed for enforcement and possible arrests.
Question & Answers
Who has the authority to command the dispersal of an assembly?
An Executive Magistrate or an officer in charge of a police station, or any police officer not below the rank of a sub-inspector.
What constitutes an unlawful assembly under this section?
An unlawful assembly includes any gathering of five or more persons likely to cause a disturbance of public peace.
What happens if an assembly does not disperse when commanded?
If the assembly does not disperse, authorities may use force to disperse it and can arrest individuals if necessary.
Can civilians assist in the dispersal of an assembly?
Yes, any person not being an officer or member of the armed forces can be required to assist in dispersing the assembly.
Example
- If a group of ten people gathers in a public area and is deemed likely to disturb the peace, a police officer can instruct them to disperse. If they refuse, the officer may use force to disperse them and may call upon civilians for assistance if needed.
- During a protest that escalates into an unlawful assembly, an Executive Magistrate may command the crowd to disperse. If the crowd remains, the magistrate can then order police to use necessary force to disperse the assembly.
Summary
Section 148 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a legal framework for the dispersal of unlawful assemblies by Executive Magistrates and police officers. It allows for the use of civil force to maintain public order and permits civilian assistance in such operations, ensuring that authorities can act swiftly to prevent disturbances to the peace.
