Section 150 of BNSS, 2023 — Power of Certain Armed Forces Officers to Disperse Assembly

Introduction

Section 150 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides an exceptional power to certain officers of the armed forces to disperse an assembly without first obtaining directions from an Executive Magistrate.

The provision applies where public security is manifestly endangered by the assembly and no Executive Magistrate can be communicated with. In such circumstances, a commissioned or gazetted officer of the armed forces may independently take action to disperse the assembly and may arrest and confine persons forming part of it.

Section 150 is therefore designed for an emergency situation in which waiting for communication with an Executive Magistrate may expose public security to immediate danger. At the same time, the provision imposes an important procedural safeguard: once communication with an Executive Magistrate becomes practicable, the officer must establish communication and thereafter follow the Magistrate’s instructions.

Section 150 forms part of Chapter XI of the BNSS, dealing with the maintenance of public order and tranquillity. It follows Sections 148 and 149, which provide for dispersal of assemblies through civil force and through armed forces on a Magistrate’s requisition respectively.

Meaning of Section 150

Section 150 permits a commissioned or gazetted officer of the armed forces to disperse an assembly in an emergency where:

• public security is manifestly endangered by the assembly; and
• no Executive Magistrate can be communicated with.

The officer may use the armed forces under his command to disperse the assembly and may arrest and confine persons forming part of it.

This power is distinct from Section 149 because Section 149 operates through a District Magistrate or authorised Executive Magistrate who is present and requisitions the armed forces. Section 150 addresses the situation in which such communication with an Executive Magistrate is not possible.

Statutory Basis

The principal provision is Section 150 of the BNSS, 2023.

It should be read with:

• Section 148 — Dispersal of assembly by use of civil force.
• Section 149 — Use of armed forces to disperse assembly.
• Section 151 — Protection against prosecution for acts done under Sections 148, 149 and 150.

Section 150 appears under Chapter XI, Part A, concerning unlawful assemblies.

Object and Purpose

The purpose of Section 150 is to prevent a dangerous gap in public-order protection where immediate intervention by armed forces is required but communication with an Executive Magistrate is impossible.

The provision recognises that circumstances involving serious threats to public security may develop so rapidly that waiting for a Magistrate’s direction may not be practicable.

At the same time, the power is not intended to permanently replace magisterial supervision. Once communication with an Executive Magistrate becomes practicable, the armed forces officer must communicate with the Magistrate and thereafter obey the Magistrate’s instructions concerning continuation of the action.

Nature of Section 150

Section 150 is an exceptional emergency power.

Unlike Section 149, the initial action under Section 150 does not depend upon a requisition from an Executive Magistrate. The statutory authority is directly conferred upon a specified class of armed forces officers.

The power is subject to two particularly important conditions:

1. public security must be manifestly endangered by the assembly; and
2. no Executive Magistrate can be communicated with.

Both conditions are central to the exercise of the power.

Essential Elements

1. There must be an assembly covered by the statutory scheme

Section 150 refers to “any such assembly”. This expression connects the provision with the assembly contemplated in Section 148(1).

Section 148(1) concerns an unlawful assembly and an assembly of five or more persons likely to cause a disturbance of the public peace.

Therefore, Section 150 must be understood within the statutory framework governing the dispersal of such assemblies.

2. Public security must be manifestly endangered

The danger to public security must be manifest.

This is stronger than merely showing that an assembly exists or that there is an ordinary possibility of disturbance.

The statutory language requires a clear and serious threat to public security before the exceptional power can be invoked.

3. No Executive Magistrate can be communicated with

The second essential condition is that no Executive Magistrate can be communicated with.

This requirement distinguishes Section 150 from the ordinary magisterial procedure under Section 149.

The provision is designed for circumstances in which communication with an Executive Magistrate is not practicable at the relevant time.

4. Officer must be commissioned or gazetted

The power is not available to every member of the armed forces.

Section 150 specifically identifies:

• a commissioned officer; or
• a gazetted officer

of the armed forces.

The statutory power is therefore restricted to the specified category of officers.

5. Power to disperse the assembly

The authorised officer may disperse the assembly with the help of the armed forces under his command.

The purpose of the power is the restoration of public security through dispersal of the dangerous assembly.

6. Power to arrest and confine

The officer may also arrest and confine persons forming part of the assembly.

The statutory purposes are:

• dispersing the assembly; or
• having those persons punished according to law.

The power to arrest and confine is therefore connected with the statutory objectives of dispersal and lawful punishment.

Procedure under Section 150

Section 150 provides an emergency mechanism rather than the ordinary Magistrate-led procedure.

Step 1: Dangerous assembly

An assembly covered by the statutory framework must exist.

Step 2: Manifest danger to public security

The assembly must manifestly endanger public security.

Step 3: Communication with an Executive Magistrate is impossible

No Executive Magistrate can be communicated with.

Step 4: Action by authorised armed forces officer

A commissioned or gazetted officer of the armed forces may disperse the assembly with the assistance of the armed forces under his command.

Step 5: Arrest and confinement

The officer may arrest and confine persons forming part of the assembly in order to disperse the assembly or have them punished according to law.

Step 6: Communication becomes practicable

If, while acting under Section 150, it becomes practicable to communicate with an Executive Magistrate, the officer must do so.

Step 7: Compliance with Magistrate’s instructions

After communication becomes practicable, the officer must obey the Magistrate’s instructions concerning whether the action should continue.

Powers of the Armed Forces Officer

A qualifying officer under Section 150 may:

• disperse the assembly;
• use the armed forces under his command for that purpose;
• arrest persons forming part of the assembly;
• confine such persons;
• take these measures for dispersing the assembly; and
• take these measures so that the persons concerned may be punished according to law.

The authority is exceptional because it operates without prior communication with an Executive Magistrate.

Duties and Responsibilities

The principal statutory duty imposed during the exercise of Section 150 is the duty to communicate with an Executive Magistrate once such communication becomes practicable.

The officer must thereafter obey the Magistrate’s instructions regarding whether the action should continue.

This creates a transition from emergency independent action to magisterial supervision.

It is important not to import the exact wording of Section 149(3) into Section 150. Section 149 expressly requires an armed forces officer acting on a Magistrate’s requisition to use as little force and cause as little injury to persons and property as is consistent with the statutory objective. Section 150 itself does not reproduce that specific minimum-force clause. The two provisions should therefore not be treated as textually identical.

Nevertheless, the exercise of the power remains subject to the Constitution and other applicable legal safeguards.

Arrest and Confinement

Section 150 expressly permits the authorised officer to arrest and confine persons forming part of the assembly.

The statutory purposes are:

• to disperse the assembly; or
• to have the persons concerned punished according to law.

The power should not be understood as creating an independent criminal offence. Section 150 provides procedural authority for arrest and confinement in the circumstances specified by the provision.

Any subsequent criminal liability must arise under the applicable substantive law.

Constitutional Connection

Article 19

Article 19(1)(b) guarantees citizens the right to assemble peaceably and without arms, subject to reasonable restrictions under Article 19(3), including restrictions in the interests of public order.

Section 150 operates in the context of assemblies that present a serious threat to public security. Its exceptional character means that the statutory conditions must be satisfied before the power can be exercised.

Article 21

Arrest and confinement affect personal liberty and therefore operate within the constitutional protection of Article 21.

The exercise of emergency power under Section 150 does not place State authorities outside constitutional requirements.

Article 22

Where persons are arrested under the statutory framework, the constitutional safeguards concerning arrest and detention under Article 22 remain relevant.

Section 150 should therefore be read together with the general statutory and constitutional safeguards governing arrest and custody.

Important Distinctions

Section 149 and Section 150

Section 149 requires action through a District Magistrate or an Executive Magistrate authorised by him who is present. The Magistrate may requisition an officer commanding armed forces personnel to disperse the assembly.

Section 150 applies where public security is manifestly endangered and no Executive Magistrate can be communicated with. A commissioned or gazetted armed forces officer may then act directly.

The principal distinction is therefore the presence or absence of practicable communication with an Executive Magistrate.

Section 150 and Section 148

Section 148 deals with dispersal by civil force.

Section 150 is an exceptional provision permitting specified armed forces officers to act directly when the statutory emergency conditions are present.

Section 150 and Section 151

Section 150 confers the substantive emergency power to disperse the assembly.

Section 151 provides protection against prosecution for acts purporting to be done under Sections 148, 149 or 150, subject to the conditions prescribed by Section 151.

The two provisions therefore serve different purposes.

Section 150 and Ordinary Police Powers

Section 150 is specifically concerned with the power of certain armed forces officers in an emergency involving public security.

It should not be treated as a general replacement for ordinary police powers concerning unlawful assemblies.

Exceptions and Limitations

Manifest danger is required

The provision does not apply merely because an assembly exists. Public security must be manifestly endangered.

Communication with an Executive Magistrate must be unavailable

The exceptional power arises only where no Executive Magistrate can be communicated with.

Only specified officers may exercise the power

Section 150 refers specifically to commissioned or gazetted officers of the armed forces.

Magistrate’s supervision resumes when communication becomes possible

Once communication with an Executive Magistrate becomes practicable, the officer must communicate with the Magistrate and thereafter follow the Magistrate’s instructions.

Arrest and confinement must serve the statutory purpose

The power to arrest and confine is connected with dispersing the assembly or having the persons punished according to law.

BNSS and CrPC

Section 150 of the BNSS corresponds to Section 131 of the Code of Criminal Procedure, 1973 (CrPC). The core statutory mechanism has substantially continued from the earlier law.

Under Section 131 CrPC, when public security was manifestly endangered by an assembly and no Executive Magistrate could be communicated with, a commissioned or gazetted officer of the armed forces could disperse the assembly, arrest and confine persons forming part of it, and act until communication with an Executive Magistrate became practicable. Once communication became practicable, the officer was required to obey the Magistrate’s instructions.

Section 150 BNSS retains this basic framework.

The corresponding provisions are therefore:

• Section 131 CrPC: Power of certain armed force officers to disperse assembly.
• Section 150 BNSS: Power of certain armed force officers to disperse assembly.

The principal significance of the BNSS provision is its continuation of the emergency mechanism rather than the creation of a wholly new power.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 (BNS) defines substantive criminal offences and punishments.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) establishes criminal procedure and public-order mechanisms, including Section 150.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the law of evidence.

Thus, Section 150 itself provides procedural authority for dealing with a dangerous assembly. If persons forming part of the assembly have committed offences, their substantive criminal liability will depend upon the applicable provisions of the BNS or another relevant law.

Important BNSS Provisions

• Section 148 — Dispersal of assembly by use of civil force.
• Section 149 — Use of armed forces to disperse assembly.
• Section 150 — Power of certain armed forces officers to disperse assembly.
• Section 151 — Protection against prosecution for acts done under Sections 148, 149 and 150.

Common Confusions

Can any armed forces officer exercise Section 150?

No.

The provision specifically refers to a commissioned or gazetted officer of the armed forces.

Is the permission of an Executive Magistrate always required?

No.

Section 150 is specifically designed for circumstances in which no Executive Magistrate can be communicated with and public security is manifestly endangered.

Can the officer continue acting independently after communication with a Magistrate becomes possible?

No.

Once communication with an Executive Magistrate becomes practicable, the officer must communicate with the Magistrate and thereafter obey the Magistrate’s instructions regarding continuation of the action.

Does Section 150 itself prescribe punishment for members of the assembly?

No.

The provision permits arrest and confinement so that the assembly may be dispersed or the persons concerned may be punished according to law. The substantive offence and punishment must arise under the applicable law.

Is Section 150 the same as Section 149?

No.

Section 149 involves a requisition by the District Magistrate or an authorised Executive Magistrate. Section 150 permits specified armed forces officers to act directly when public security is manifestly endangered and communication with an Executive Magistrate is not possible.

Example

Suppose an armed and highly violent assembly creates an immediate and serious threat to public security in a remote area. The situation is deteriorating rapidly, and no Executive Magistrate can be contacted.

If the statutory conditions are satisfied, a commissioned or gazetted officer of the armed forces may act under Section 150 and use the armed forces under his command to disperse the assembly. The officer may also arrest and confine persons forming part of the assembly for the purposes specified in the provision.

If communication with an Executive Magistrate subsequently becomes practicable, the officer must establish communication and thereafter follow the Magistrate’s instructions concerning continuation of the operation.

Topic at a Glance

• Topic: Power of certain armed forces officers to disperse assembly
• BNSS Section: Section 150
• Chapter: Chapter XI, Maintenance of Public Order and Tranquillity
• Nature: Exceptional emergency power
• Trigger: Public security is manifestly endangered
• Additional condition: No Executive Magistrate can be communicated with
• Authorised officer: Commissioned or gazetted officer of the armed forces
• Power: Disperse the assembly with the help of armed forces under his command
• Arrest: Officer may arrest and confine persons forming part of the assembly for the statutory purposes
• Later magisterial involvement: Mandatory once communication becomes practicable
• Corresponding CrPC provision: Section 131
• Related BNSS provisions: Sections 148, 149 and 151

Quick Revision

• Section 150 BNSS deals with the power of certain armed forces officers to disperse an assembly.
• It is an exceptional emergency power.
• Public security must be manifestly endangered by the assembly.
• No Executive Magistrate must be capable of being communicated with at the relevant time.
• The power is available to a commissioned or gazetted officer of the armed forces.
• The officer may disperse the assembly with the help of the armed forces under his command.
• The officer may arrest and confine persons forming part of the assembly for the purposes specified by Section 150.
• When communication with an Executive Magistrate becomes practicable, the officer must communicate with the Magistrate.
• Thereafter, the officer must obey the Magistrate’s instructions regarding whether the action should continue.
• Section 150 corresponds to Section 131 CrPC.
• Section 149 and Section 150 are distinct: Section 149 operates through a Magistrate’s requisition, while Section 150 addresses an emergency where communication with a Magistrate is not possible.
• Section 151 separately deals with protection against prosecution for acts purporting to be done under Sections 148, 149 and 150.

ALSO READ: Section 149 – Use of armed forces to disperse assembly

Conclusion

Section 150 of the BNSS preserves an emergency mechanism for situations in which an assembly poses a manifest danger to public security and immediate communication with an Executive Magistrate is impossible. It allows a commissioned or gazetted officer of the armed forces to act directly to disperse the assembly and to arrest and confine persons forming part of it for the purposes authorised by the provision.

The most significant safeguard is the restoration of magisterial supervision once communication becomes practicable. The provision therefore combines emergency operational authority with a statutory requirement to defer to an Executive Magistrate as soon as circumstances permit.

For examination purposes, the key distinction is straightforward: Section 149 involves armed forces acting on a Magistrate’s requisition, whereas Section 150 permits certain armed forces officers to act directly when public security is manifestly endangered and no Executive Magistrate can be communicated with.