Bharatiya Nagarik Suraksha Sanhita, 2023
Section 148
Dispersal of assembly by use of civil force
(1) 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.
(2) 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.
Why this exists
This provision descends from colonial-era riot-control law (Section 127-128 of the old Criminal Procedure Code, itself rooted in 19th-century policing statutes) meant to give authorities a lawful, graduated way to handle unruly crowds before things escalate into serious violence. The idea is to first give the crowd a clear warning and a chance to leave peacefully, and only allow force once that warning is ignored — balancing public order with people's right to assemble.
How courts read it
Indian courts, interpreting the predecessor provision (Section 129 CrPC), have consistently held that dispersal and use of force must be proportionate and only as much as is necessary to disperse the assembly — not punitive or excessive. Courts have also emphasized that an assembly must genuinely be 'unlawful' or threatening public peace before this power is invoked, distinguishing it from peaceful, lawful protests, which are protected. Excess force beyond what is needed to disperse a crowd has been held actionable.
Common misconceptions
- Myth: Police can use this power against any peaceful protest they don't like.
Fact: The law only applies to an 'unlawful assembly' or a crowd likely to disturb public peace — peaceful, lawful gatherings are protected and courts have struck down misuse of this power against non-violent protesters. - Myth: Once the order to disperse is given, police can use unlimited force immediately.
Fact: Courts have held that force must be proportionate and only as much as necessary to disperse the assembly, not excessive or punitive.