Dispersal of Unlawful Assemblies

The Bharatiya Nagarik Suraksha Sanhita, 2023 establishes a graduated procedure for ordering and, when necessary, forcibly dispersing assemblies that threaten public peace. Sections 148-151 regulate the use of civil force, escalation to the armed forces, emergency action by armed forces officers, and protection for acts done under these provisions.

Initial command and use of civil force

Under Section 148, an Executive Magistrate, the officer in charge of a police station, or, in that officer's absence, a police officer not below sub-inspector may command an unlawful assembly to disperse.

• The power also covers an assembly of five or more persons likely to disturb public peace, even if it has not been established as an unlawful assembly.
• If the assembly refuses or shows determination not to disperse, the authorised officer may use force and, when necessary, arrest and confine participants.
• An unlawful assembly is defined separately under Section 189 of the Bharatiya Nyaya Sanhita by reference to the common object of five or more persons.

Escalation to the armed forces

Under Section 149, the Executive Magistrate of the highest rank present may employ the armed forces when the assembly cannot otherwise be dispersed and dispersal is necessary for public security.

• The Magistrate may require the commanding officer to disperse the assembly and to arrest or confine participants as necessary.
• The commanding officer must use as little force and cause as little injury to persons and property as is consistent with dispersal and lawful detention.
• Under Section 150, a commissioned or gazetted armed forces officer may act without prior communication with a Magistrate when public security is manifestly endangered, but must subsequently follow the Magistrate's instructions once communication becomes practicable.

Accountability and constitutional limits

Under Section 151, prosecution for acts purportedly done under these provisions requires prior sanction of the Central Government for armed forces personnel and of the State Government in other cases. It also protects specified authorities and persons acting in good faith, but does not create an unrestricted power to use force.

• The framework operates subject to Article 19(1)(b), which protects citizens' right to assemble peaceably and without arms.
• Under Article 19(3), reasonable restrictions may be imposed in the interests of sovereignty and integrity of India or public order.

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