Section 150 of The Bharatiya Nagarik Suraksha Sanhita, 2023
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.
Summary
- Commissioned or gazetted armed forces officers may disperse unlawful assemblies if public security is endangered.
- This power applies only when an Executive Magistrate cannot be contacted.
- Officers are authorized to arrest and confine individuals to disperse the assembly or ensure legal punishment.
- If communication with an Executive Magistrate becomes possible, the officer must contact them.
- Once contact is established, the officer must follow the Magistrate's instructions regarding further action.
Practical examples
FAQ
1. Who is authorized to disperse an assembly under Section 150?
Any commissioned or gazetted officer of the armed forces.
2. Under what conditions can an armed forces officer act without a Magistrate?
When public security is manifestly endangered and no Executive Magistrate can be communicated with.
3. What powers do officers have regarding the people in the assembly?
They may arrest and confine persons forming part of the assembly to disperse it or to ensure they are punished according to law.
4. What must an officer do if they are able to contact a Magistrate during the operation?
They must contact the Magistrate and follow their instructions on whether to continue the action.
Test yourself
Q1.Under Section 150 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when is a commissioned or gazetted officer, which means a high-ranking officer appointed by the government, of the armed forces authorized to disperse an assembly on his own?
Q2.Under Section 150 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must the armed forces officer do if he is acting to disperse a crowd and it becomes possible to contact an Executive Magistrate?
Q3.Under Section 150 of the new criminal procedure code, what specific actions is an armed forces officer allowed to take to disperse a dangerous assembly when a Magistrate cannot be reached?
Q4.Under Section 150 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who is authorized to disperse an assembly to protect public security when communication with an Executive Magistrate is impossible?