Law and You >Procedural Laws > BNSS > Maintenance of Peace and Tranquillity: Dealing Unlawful Assemblies (Ss. 148 to 151 of BNSS)
Peace and tranquillity are the prerequisites for development in society. If there is disorderliness in society or any other hindrance of similar nature, the society cannot provide to the individual, the opportunity to grow and develop to their full potential, hence the maintenance of peace and tranquillity is a must for every society and nation as a whole. Offences against the public tranquillity are the offences against not only a single person or property but against the society at large. These kinds of offences are committed by the group of people sharing a common intention to disturb the peace and tranquillity of an area thus affecting the whole society.
Chapter XI of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the legal provisions for maintenance of public order and tranquillity and lays down the duties, powers and functions of the Executive Magistracy and the Police in this behalf. This chapter is divided into four parts: Part A– Unlawful Assemblies, Part B – Public Nuisances, Part C – Urgent Cases of Nuisance or Apprehended Danger and Part D – Disputes as to Immovable Property.
Unlawful Assembly:
According to Section 189 of the Bharatiya Nyaya Sanhita, 2023 an assembly which consists of five or more person is defined as unlawful assembly. If a person commits a criminal trespass or compels any person to do what he is not legally bound to do or to omit what he is legally entitled to do.
- Using or showing criminal forces against the public servant, state or central government.
- To resist the execution of the law or legal process.
- To commit any mischief or criminal trespass on any person.
- To use the criminal force and deprive the enjoyment of the right of any person or obtain the possession of another person.
- To use the criminal force and compel a person to do what he is not legally bound to do.
Dispersal of Assembly by Use of Civil Force (S. 148 BNSS):
According to Section 148(1) of BNSS, 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.
The order to disperse any assembly that is an unlawful one and likely to cause disturbance to the public peace may be issued by-
- Any executive Magistrate
- Officer in charge of a police station or,
- Any police officer who is a sub-inspector or above the rank of sub-inspector in the absence of such officer in charge.
According to Section 148(2) of BNSS, 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.
After this order is issued, it is the duty of the members of the assembly to whom such notice is issued to disperse accordingly. However, in case the assembly does not comply with the order and does not disperse then any Executive Magistrate or officer-in-charge of a police station or in absence of the officer-in-charge by a police officer, not below the rank of sub-inspector as empowered under Section 148(1) may use force in order to disperse such unlawful assembly. If necessary, even if a person is not an officer of armed force but acting as one, may arrest or confine the members of such unlawful assembly for subsequent punishing according to the law.
The following points should also be kept in mind while initiating action U/s 148 BNSS.:-
- Conduct and behaviour of the assembly is to be determined.
- Mere physical presence of all persons cannot make them members of unlawful assembly.
- Unlawful assembly refusing to disperse can be dispersed by force.
- An Order to disperse an assembly can be passed even when the assembly is not unlawful but is likely to cause breach of peace i.e. potential unlawful assembly.
Use of Armed Forces to Disperse Assembly (S. 149 BNSS):
According to Section 149(1) of BNSS, if any assembly referred to in sub-section (1) of section 148 cannot otherwise be dispersed, and it is necessary for the public security that it should be dispersed, the District Magistrate or any other Executive Magistrate authorized by him, who is present, may cause it to be dispersed by the armed forces.
When an unlawful assembly cannot be dispersed by any other means, and when it is necessary for the public security that such assembly should be dispersed, it can be dispersed with the help of armed forces by the order of Executive Magistrate of the highest rank present.
According to Section 149(2) of BNSS, such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Executive Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.
Such Magistrate mentioned in Section 149(1) may order any officer in command of any group of persons belonging to the armed forces to take the help of armed forces under his command to disperse the assembly. He is also empowered to arrest or confine the members of such assembly in order to maintain public security in accordance with the orders of the Magistrate. He has also the power to have them punished according to law.
According to Section 149(3) of BNSS, every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.
The above requisition to disperse the assembly shall be obeyed by every officer of the armed forces empowered under this section in such manner as he thinks fit. While following the orders and taking any step to maintain public security, he shall use as little force with the objective of maintenance of public order.
Power of Certain Armed Force Officers to Disperse Assembly (S. 150 BNSS):
According to Section 150 of BNSS, 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.
Where the officers of armed force are not in a position to communicate with the Executive Magistrate and it is important for the armed forces to maintain peace and order caused by the unlawful assembly and they cannot wait for the orders from the Executive Magistrate, they shall proceed to deploy force to disperse such assembly. However, during this time, if it becomes viable and possible for them to establish communication with the Magistrate they shall do so and act as per the orders by the Executive Magistrate.
Protection against Prosecution for Acts Done Under Sections 148, 149 And 150 (S. 151 BNSS):
According to Section 151(1) of BNSS, no prosecution against any person for any act purporting to be done under section 148, section 149 or section 150 shall be instituted in any Criminal Court except—
- with the sanction of the Central Government where such person is an officer or member of the armed forces;
- with the sanction of the State Government in any other case.
According to Section 151(2) of BNSS,
(a) No Executive Magistrate or police officer acting under any of the said sections in good faith;
(b) no person doing any act in good faith in compliance with a requisition under section 148 or section 149;
(c) no officer of the armed forces acting under section 150 in good faith;
(d) no member of the armed forces doing any act in obedience to any order which he was bound to obey,
No prosecution shall be instituted in any Criminal Court against any person for any act purporting to be done under section 148, section 149 or section 150, except in the case where the central or state government sanctions the same. Since the officers, the Executive Magistrate, members of armed forces, and other officers were acting in good faith and as per the compliance with the sections as a part of their duty, they ought to be provided protection by the law. In case they fail they shall not be provided protection under section 151.
Conclusion:
For the smooth and proper functioning of society and for the citizens to enjoy their liberty peacefully and with a free state of mind the enforcement of law and order is the duty and function of the police and legal system. Part A of Chapter XI of the BNSS deals with Maintenance of Public Order and Tranquillity with respect to Unlawful Assembly. Any Executive Magistrate or, officer in charge of a police station or, any police officer who is a sub-inspector or above the rank of sub-inspector in the absence of such officer in charge can order to disperse the unlawful assembly. In serious cases they can take help from armed forces