Introduction to Section / 148 BNSS Powers to Disperse Unlawful Assemblies
BNSS Section 148 is part of Chapter XI of the Bharatiya Nagarik Suraksha Sanhita, 2023. This chapter deals with public order and tranquillity, and Section 148 specifically focuses on dispersing unlawful assemblies using civil force. This law gives power to Executive Magistrates and police officers to take timely action and prevent disturbances to public peace.
What is BNSS Section 148 ?
BNSS 148 allows the police or Executive Magistrate to break up a group of 5 or more people if they are gathering illegally or are likely to disturb peace. If the group doesn’t leave when asked, the officer can use necessary civil force to disperse the group. It also allows officers to take help from civilians (not from armed forces on duty) to manage the situation.
BNSS Section of 148 in Simple Points
1. Immediate Control Over Unlawful Assemblies
This section allows a police officer (at least of Sub-Inspector rank) or an Executive Magistrate to immediately intervene when a group of five or more people gathers unlawfully or is likely to create public disturbance. This is important because some gatherings, even if they seem peaceful at first, can quickly turn violent.
Example: A group blocks a road demanding something from local authorities. If the crowd becomes aggressive, BNSS 148 lets officers act before the situation gets out of control.
2. Legal Power to Disperse Crowds
Once the officer or Magistrate identifies a gathering as potentially dangerous or unlawful, they can officially order the crowd to disperse. This gives the law enforcement a clear legal path to act. The law makes it the duty of the people to obey this order.
Why it matters: Without this legal step, officers might hesitate to act, leading to delays and allowing crowds to grow more violent.
3. Permission to Use Minimum Necessary Force
If the crowd refuses to leave or acts in a threatening manner, authorities are allowed to use civil force to break up the assembly. This ensures that law enforcement can protect citizens, property, and peace without delay. However, the use of force must always be reasonable and controlled.
Example: If a mob starts throwing stones after being asked to leave, the police can use batons, water cannons, or tear gas to control the situation.
4. Public Can Assist Authorities (But Not Armed Forces)
BNSS 148 also allows police and Magistrates to seek help from common citizens (excluding army personnel in official duty) when dispersing a crowd. This is helpful in situations where police may be outnumbered or need local support to calm things down.
Example: Locals may help the police identify troublemakers or act as witnesses later during legal proceedings.
5. Helps Prevent Violence Before It Happens
The biggest benefit of BNSS 148 is that it helps law enforcement act before violence starts, rather than after something bad has already happened. It is a preventive legal tool that promotes peace and safety in public areas.
Why it matters: Preventing violence is always better than controlling it after it erupts. This saves lives, avoids injuries, and protects public and private property.
Section 148 of BNSS Overview
The objective of BNSS Section 148 is to maintain law and order in situations where people gather unlawfully or are likely to disturb peace. It allows authorized officials to command such groups to disperse, and if they refuse, the law empowers them to use civil force. This section is essential for preventing riots, violence, and public disorder.
BNSS Section 148: Dispersal of Assembly by Use of Civil Force
1. Purpose of BNSS Section 148
BNSS Section 148 is designed to help maintain peace in public places. When a group of people gathers and there is a chance that they might disturb the peace, this law gives power to the authorities to disperse the crowd before any violence or damage occurs. It is a preventive law to stop riots or public disorder before they begin.
2. Who Can Take Action?
Not everyone has the right to take action under this section. Only the following officials are authorized:
- Executive Magistrate (a type of government officer responsible for law and order),
- Officer in charge of a police station, and
- Police officer not below the rank of Sub-Inspector.
These officers are considered responsible and trained enough to decide when a crowd is becoming dangerous.
3. What is an Unlawful Assembly?
A group becomes an unlawful assembly when:
- Five or more people gather, and
- Their purpose is illegal, or
- Their behavior may disturb the public peace or create fear among common people.
Even if violence hasn’t started yet, if the group seems threatening, they can be ordered to leave.
4. First Step: Order to Disperse
Before using any force, the officer must command the people to leave the place peacefully. This is a verbal warning. It is given to give the group a chance to avoid trouble and quietly go away. The law expects people to obey this order immediately.
5. What If the Group Does Not Leave?
If:
- The group refuses to leave, or
- The group shows signs that they will not leave even without being told,
Then the officer is allowed to take action using civil force. This could include physically removing people, or arresting them if necessary, to break up the gathering.
6. Use of Civilian Help
The law also allows the officer to take help from normal civilians (common public), but not from soldiers or armed force personnel on duty. Civilians may be asked to help disperse the crowd or assist in arresting people if the situation demands it.
7. No Need to Wait for Violence
One of the important parts of BNSS 148 is that the officer does not need to wait until someone throws a stone or starts a fight. If the officer believes that the group might cause harm or fear, they can take action immediately. This prevention-focused approach helps reduce damage and protects public safety.
8. Officers are Protected by Law
If an officer uses this section properly and follows the legal procedure, they are protected from legal punishment. This is done to support officers in taking quick action without fear, especially in emergency or tense situations.
9. Helps During Protests, Rallies, or Festivals
This section is especially useful in situations where:
- Political rallies or religious processions get out of control,
- Crowds block roads or gather illegally,
- Rumors or tensions rise in certain areas.
By allowing early action, it prevents violence and chaos from spreading.
10. Part of Larger Public Safety Laws
BNSS Section 148 is part of a group of laws under Chapter XI of the Bharatiya Nagarik Suraksha Sanhita, 2023. These sections focus on:
- Stopping unlawful assemblies,
- Preventing public nuisances, and
- Controlling danger to peace and property.
BNSS replaces older criminal laws like the CrPC with updated rules that are easier to understand and apply in today’s modern situations.
Examples of BNSS 148 in Action
Example 1: Political Rally Turns Aggressive
A political rally in a town begins peacefully with speeches. But soon, a few people in the crowd start shouting provocative slogans and moving towards a government building. The Sub-Inspector present gives an order to disperse the crowd under BNSS 148. When the group refuses, he uses minimum civil force to break the crowd and arrests the key troublemakers to prevent further unrest.
Example 2: Festival Gathering Blocks Highway
During a local religious festival, a group of 100 people gathers on the highway, blocking traffic and causing inconvenience. As the crowd begins to argue with drivers and tensions rise, the Executive Magistrate orders the crowd to disperse under BNSS 148. When they do not listen, police intervene and clear the highway to restore public order.
Section 148 of BNSS Short Information
| Feature | Details |
|---|---|
| Applicable to | Unlawful assemblies or gatherings of 5 or more persons |
| Authority given to | Executive Magistrate or Police Officer (not below Sub-Inspector) |
| Action allowed | Command to disperse, use of force if needed |
| If disobeyed | Crowd can be broken up with help, and arrests can be made |
| Purpose | Maintain public order and prevent disturbance |
Why is BNSS Section 148 Needed?
BNSS Section 148 plays an important role in protecting public peace and stopping dangerous gatherings before they lead to violence, riots, or public chaos. In a country as large and diverse as India, people gather for various reasons – festivals, protests, celebrations, and even personal disputes. Sometimes, these gatherings turn into violent mobs, cause damage to public property, and disturb peace in society.
To control such situations, BNSS 148 gives legal power to the police and Executive Magistrates to stop or break up illegal gatherings. This ensures that authorities can respond quickly and lawfully, preventing harm to citizens and maintaining order.
BNSS Section 148 FAQs
BNSS 148
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.