Section 149 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 149 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Use of Armed Forces to Disperse Assembly
Section 149 of the BNSS, 2023, empowers Executive Magistrates to request the assistance of the armed forces in dispersing unlawful assemblies when civil authority is insufficient. This provision is designed to maintain public order and security by authorizing the use of armed forces in situations where other means have failed.
Key Provisions
Dispersal of Assembly by Armed Forces:
If an assembly, as defined under Section 148, cannot be dispersed through civil means and it is necessary for public security, the District Magistrate or any Executive Magistrate authorized by them may cause the assembly to be dispersed by the armed forces.
Assistance from Armed Forces:
The Magistrate may requisition any officer in command of a group of armed forces to disperse the assembly with the help of the armed forces under their command. The officer may also arrest and confine individuals forming part of the assembly as directed by the Magistrate or as necessary to disperse the assembly or to have them punished according to law.
Use of Force by Armed Forces:
Officers of the armed forces shall obey such requisition in a manner they deem fit, but in doing so, they must use as little force and cause as little injury to persons and property as may be consistent with dispersing the assembly and arresting and detaining such persons.
Correspondence with the Code of Criminal Procedure (CrPC)
Section 149 of the BNSS corresponds to Section 130 of the CrPC, which deals with the use of armed forces to disperse assemblies. Both provisions authorize Executive Magistrates to request the assistance of the armed forces in dispersing unlawful assemblies when civil authority is insufficient. The BNSS, however, provides more detailed guidelines on the use of force and the responsibilities of armed forces officers in such situations.
Purpose and Significance
The primary objective of Section 149 is to ensure that public assemblies do not threaten public order and security. By authorizing the use of armed forces in specific circumstances, the law aims to maintain peace and prevent escalation of potentially violent situations. The provision also establishes clear guidelines on the use of force, emphasizing the need for restraint and minimizing harm to individuals and property.
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