Introduction to Section 149 BNSS / Army in Maintaining Public Order During Riots
BNSS Section 149 is a legal provision under the Bharatiya Nagarik Suraksha Sanhita (BNSS) that allows the District Magistrate or an authorized Executive Magistrate to call in the armed forces to disperse an unlawful or violent assembly when police alone cannot control the situation. This section helps maintain public order and safety during serious threats like riots or mob violence.
What is BNSS Section 149 ?
BNSS Section 149 empowers the District Magistrate or an authorized Executive Magistrate to call upon the armed forces to disperse an unlawful assembly if it becomes uncontrollable and is a threat to public security. This section ensures that when civil police are unable to manage the situation, military help can be used—but only as a last resort and with minimum necessary force.
BNSS Section of 149 in Simple Points
1. When Armed Forces Can Be Used
BNSS Section 149 comes into effect when an unlawful or violent gathering cannot be dispersed by regular police force. If the crowd becomes too dangerous or aggressive and threatens public peace or security, then the District Magistrate or any authorized Executive Magistrate present at the scene can take the decision to use armed forces, such as the army or paramilitary, to control and break up the gathering. This step is taken only when absolutely necessary for public safety.
2. Who Has the Authority
Not everyone can call the armed forces. Only the District Magistrate or an Executive Magistrate authorized by the DM has the power to request help from the army. This ensures that the decision is made responsibly and only by senior government officers who understand the seriousness of the situation. The officer must be physically present to take such action.
3. How the Armed Forces Are Instructed
Once the Magistrate decides that the armed forces are needed, they can direct an officer in charge of an army unit to take action. The armed forces can then use their strength to disperse the crowd and also arrest and confine individuals who are part of the unlawful assembly. However, the army must follow the instructions of the Magistrate and act according to the law.
4. Rules While Using Force
The section clearly states that even while using the army, there should be minimum use of force. The goal is not to harm people unnecessarily, but to restore peace. The officer in command must ensure that very little damage or injury is caused to people and property. This protects citizens’ rights and avoids excessive violence by the armed forces.
5. Purpose of BNSS Section 149
The main purpose of this law is to protect public safety and order. When peaceful measures fail and a situation becomes violent, this section provides a legal way to use the army in a controlled and lawful manner. It helps the government handle dangerous public gatherings without allowing things to go out of control.
Section 149 of BNSS Overview
BNSS Section 149 empowers the District Magistrate or an authorized Executive Magistrate to disperse an unlawful or dangerous assembly using the armed forces, if it cannot be handled by civil force alone. It ensures public safety during violent gatherings and directs minimal and lawful use of force by the army to restore peace.
BNSS Section 149: 10 Key Points
1. When Civil Force Fails
When an unlawful or violent crowd gathers, the first step is usually taken by the police (under BNSS Section 148) to control or disperse them using normal means. But sometimes, the situation becomes so serious that police alone cannot manage the crowd—especially if it turns violent, damages public property, or attacks others.
In such critical cases, BNSS Section 149 allows stronger action. If the police cannot disperse the crowd, then the authorities are allowed to take help from the armed forces like the army, paramilitary, etc., to protect public safety.
2. Authority Lies With District Magistrate
The power to call the armed forces is not given to everyone. Only a District Magistrate, or an Executive Magistrate specially authorized by the DM, can use this law. Also, the Magistrate must be present at the spot where the crowd is gathered.
This ensures that such a powerful decision is taken only by senior and responsible officers who understand the seriousness of the matter. It prevents misuse or hasty decisions by junior officers.
3. Involvement of Armed Forces
Under this section, the District Magistrate can ask for support from armed forces to handle the crowd. The Magistrate can direct the commander of a military unit to:
- Disperse the unlawful assembly
- Arrest persons who are causing trouble
- Detain them if needed
This means the army or paramilitary can legally take action against violent crowds—but only when the proper orders are given by the Magistrate.
4. Commanding Officer’s Role
Once the Magistrate requests support, the officer in command of the armed forces must obey the order. But how they act—whether using tear gas, rubber bullets, or other methods—is decided by the officer himself.
This gives the officer the freedom to use his training and judgment. He can plan the best way to disperse the crowd with minimum damage, while still following the orders given by the Magistrate.
5. Minimum Use of Force
Even though the armed forces are allowed to act, they cannot use unnecessary violence. Section 149 clearly says that:
“…he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly…”
This means the goal is to break up the crowd, not to punish or hurt people. The action should be controlled, legal, and respectful of human rights.
6. Legality of Arrests
If the armed forces arrest anyone during the operation, it must be done according to law. The Magistrate can guide whom to arrest. These arrests are legal and proper if they are meant to:
- Control the situation
- Prevent further violence
- Ensure that lawbreakers are punished in court
This point shows that the aim is not revenge or punishment on the spot but legal justice.
7. Safeguard Against Misuse
Calling the army is a very serious step. Section 149 includes checks and balances to prevent misuse:
- Civilian authority (Magistrate) must request the army
- Armed forces must use only minimum required force
- Officer in command has control over how the action is done
This way, the system ensures that the armed forces are not used for small protests or peaceful gatherings, and the law is not used to silence people unfairly.
8. Used Only in Extreme Situations
This law is not meant for normal protests or peaceful rallies. It is only for extreme conditions like:
- Riots
- Large-scale violence
- Mob lynching
- Destruction of property
- Danger to human life
Before using this law, authorities must be sure that the crowd is a serious threat to public order and safety.
9. Helps Maintain Tranquillity
BNSS Section 149 is part of Chapter XI, which deals with Maintaining Public Order and Tranquillity. This law acts as a backup plan when things go out of control.
It helps the government ensure that law and order are maintained in the country. If such laws didn’t exist, violent mobs could take over roads, cities, or public property without fear of control.
10. Prevention of Property Damage
In most violent protests or riots, public buses are burnt, shops are looted, and cars are destroyed. By giving power to the army to act quickly, this law helps in:
- Saving lives
- Protecting public property
- Avoiding huge losses for people and government
It ensures that situations don’t get worse, and everything returns to peace as soon as possible.
Examples of BNSS Section 149
Example 1:
During a large-scale protest in a city, a group of over 500 people started attacking police vehicles, setting public buses on fire, and injuring people. Despite several warnings by the police and civil force, the crowd refused to leave. The District Magistrate then invoked BNSS Section 149 and called in the armed forces. The armed personnel controlled the crowd using minimum force and arrested the key instigators under lawful procedures.
Example 2:
In a communal riot situation, two communities clashed violently in a town. The local police tried to stop the violence, but it became uncontrollable. The Executive Magistrate present at the scene used BNSS 149 to request the army to help restore peace. The army dispersed the mob and secured sensitive areas, preventing further damage and deaths.
Section 149 of BNSS Short Information
| S. No. | Key Point | Short Answer |
|---|---|---|
| 1. | Who can order action under BNSS 149? | District Magistrate or authorized Executive Magistrate |
| 2. | When is BNSS 149 used? | When police can’t control a violent or unlawful assembly |
| 3. | What force is allowed under this section? | Armed forces like the army or paramilitary forces |
| 4. | What is the main goal of BNSS 149? | To restore public peace and safety using legal means |
| 5. | Are there restrictions on use of force? | Yes, minimum force and least injury or damage must be ensured |
BNSS Section 149 FAQs
BNSS 149
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.