Introduction
Section 148 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers the Executive Magistrate and certain police officers to disperse an unlawful assembly by using civil force when the assembly poses a threat to public peace and refuses to disperse voluntarily.
The provision aims to maintain public order while ensuring that force is used only when lawful, necessary, and proportionate. It substantially corresponds to Section 129 of the Code of Criminal Procedure, 1973 (CrPC).
Meaning of Dispersal of Assembly
Dispersal of an assembly means the lawful breaking up of an unlawful or potentially dangerous gathering through the intervention of civil authorities. The objective is to restore peace without resorting to military assistance unless absolutely necessary.
Civil force refers to force exercised by police or other civil authorities, not the armed forces.
Statutory Basis
Relevant Provision: Section 148, Bharatiya Nagarik Suraksha Sanhita, 2023
Related Provisions:
- Section 149 BNSS: Use of armed forces to disperse assembly
- Section 150 BNSS: Power of certain armed force officers to disperse assembly
- Section 151 BNSS: Protection against prosecution for acts done under Sections 148–150
Object and Purpose
Section 148 seeks to:
- Preserve public peace and tranquillity.
- Prevent riots and violence.
- Authorise lawful intervention against unlawful assemblies.
- Ensure that civil authorities act before military force is considered.
- Protect citizens while using only the minimum force necessary.
Nature of the Provision
Section 148 is a preventive and executive power. It is not a punishment for participating in an unlawful assembly; instead, it enables authorities to immediately restore order when public peace is endangered.
The provision must be exercised in accordance with constitutional safeguards and the principle of proportionality.
Essential Elements
1. Existence of an Unlawful Assembly
The assembly must be unlawful or likely to disturb public peace. A peaceful and lawful gathering cannot ordinarily be dispersed under this section.
2. Direction to Disperse
The Executive Magistrate or authorised officer must first command the assembly to disperse. Voluntary compliance is expected before force is used.
3. Refusal to Disperse
Civil force becomes permissible only when the assembly:
- Refuses to disperse, or
- Continues to pose a threat despite the lawful direction.
4. Use of Necessary Civil Force
Only such force as is reasonably necessary may be used. Excessive or punitive force is not authorised by the statute.
Authorities Empowered
The following authorities may exercise powers under Section 148:
- Executive Magistrate
- Police officer in charge of a police station
- Police officer of appropriate rank authorised by law in the absence of an Executive Magistrate
Their authority is confined to restoring public order through lawful means.
Procedure
- An unlawful assembly forms and threatens public peace.
- The competent authority assesses the situation.
- The assembly is ordered to disperse.
- Reasonable time is given for compliance where circumstances permit.
- If the assembly refuses, necessary civil force may be used.
- Order is restored and further legal action may follow under substantive criminal law where applicable.
Principles Governing Use of Force
The exercise of power under Section 148 is subject to important legal principles:
- Legality: Force must have statutory authority.
- Necessity: It should be used only when voluntary dispersal fails.
- Proportionality: The degree of force must correspond to the threat.
- Public Safety: The primary objective is restoration of peace, not punishment.
Rights of Citizens
Even during dispersal proceedings, individuals retain constitutional protections.
Article 19
Citizens have the right to assemble peacefully and without arms. Section 148 applies only where the assembly becomes unlawful or threatens public order.
Article 21
Any use of force must respect the right to life and personal liberty. Arbitrary or excessive force may invite judicial scrutiny.
Important Distinctions
Civil Force and Armed Force
Civil force involves police and civil authorities acting under Section 148 to disperse unlawful assemblies.
Armed force is governed by subsequent BNSS provisions and is intended for more serious situations where civil force is insufficient.
Lawful Assembly and Unlawful Assembly
A lawful assembly enjoys constitutional protection under Article 19 and cannot be dispersed merely because people have gathered.
An unlawful assembly threatens public peace or falls within the legal definition of unlawful assembly under substantive criminal law, making dispersal permissible.
BNSS and CrPC
Section 148 BNSS substantially replaces Section 129 CrPC without materially changing its core principles.
The BNSS continues the established framework:
- Civil authorities must first order dispersal.
- Necessary civil force may be used upon refusal.
- Armed forces remain a secondary measure under separate provisions.
The principal legislative change is structural renumbering within the BNSS.
Relationship with BNS and BSA
- BNS, 2023: Defines offences such as unlawful assembly, rioting, and related public order offences.
- BNSS, 2023: Provides the procedural power to disperse such assemblies.
- BSA, 2023: Governs the admissibility of evidence if criminal proceedings arise from the incident.
Case Law
Ramlila Maidan Incident v. Home Secretary, Union of India (2012)
The Supreme Court held that the State must exercise restraint while dispersing assemblies. Use of force must satisfy the tests of necessity and proportionality, and excessive police action may violate constitutional rights.
Although decided under the CrPC, the principles remain relevant because Section 148 BNSS substantially retains the same procedural framework.
Important BNSS Provisions
- Section 148: Dispersal of assembly by use of civil force
- Section 149: Dispersal by armed forces
- Section 150: Powers of armed force officers
- Section 151: Protection for acts done in good faith
Common Confusions
Can every public gathering be dispersed under Section 148?
No. The provision applies only to unlawful assemblies or gatherings that threaten public peace. Peaceful assemblies remain protected by the Constitution.
Is force the first option available to authorities?
No. Authorities must ordinarily direct the assembly to disperse first. Force is a measure of last resort and must be limited to what is reasonably necessary.
Illustrative Example
A crowd blocks a public highway, damages property, and ignores repeated directions from the Executive Magistrate to disperse. After the refusal continues, the police use reasonable civil force to clear the road and restore public order. This action falls within the scope of Section 148 BNSS.
ALSO READ: Section 147 – Enforcement of order of maintenance
Quick Revision
- Section: 148 BNSS, 2023
- Subject: Dispersal of unlawful assembly by civil force
- Authority: Executive Magistrate and authorised police officers
- Prerequisite: Lawful command to disperse
- Condition: Refusal or continued unlawful assembly
- Force permitted: Only reasonable and necessary civil force
- Constitutional link: Articles 19 and 21
Conclusion
Section 148 of the BNSS establishes the legal framework for restoring public order through civil authorities before resorting to military assistance. By requiring a prior direction to disperse and limiting force to what is necessary and proportionate, the provision balances the State’s duty to maintain peace with the constitutional freedoms of citizens.
