Section 150 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 150 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers certain officers of the armed forces to take immediate action to disperse unlawful assemblies when public security is manifestly endangered, and no Executive Magistrate can be communicated with.
📜 Text of 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. (indiankanoon.org)
🔍 Key Points
Immediate Action: This provision allows armed forces officers to act swiftly to maintain public order when an unlawful assembly poses a clear threat to public security, and there is no immediate access to an Executive Magistrate.
Authority of Officers: Commissioned or gazetted officers of the armed forces have the authority to disperse such assemblies and arrest individuals involved.
Communication with Magistrate: If it becomes possible to communicate with an Executive Magistrate during the operation, the officer must do so and follow the Magistrate's instructions regarding the continuation of the action.
Corresponding Provision in CrPC: Section 150 of the BNSS corresponds to Section 131 of the Code of Criminal Procedure, 1973, maintaining consistency in the legal framework.
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