Indian criminal procedure | Updated October 2026

Section 131 CrPC and Section 150 BNSS: Armed Forces Power to Disperse Assemblies

Section 131 of the Code of Criminal Procedure, 1973 dealt with the exceptional power of certain armed forces officers to disperse an assembly when public security was manifestly endangered and an Executive Magistrate could not be contacted. The corresponding current provision is Section 150 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The BNSS came into force on 1 July 2024. Section 150 substantially carries forward the emergency power formerly contained in Section 131 CrPC. For earlier or pending matters, the repeal-and-savings provisions, including Section 531 BNSS, may require examination.

Section 131 CrPC: Original statutory provision

When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action.

Section 150 BNSS: Current provision explained

Section 150 BNSS - Power of certain armed force officers to disperse assembly retains the operative wording of Section 131 CrPC. It authorises exceptional intervention without a prior Magistrate's direction only when the statutory conditions are satisfied. It is not a general power to deploy armed forces against every gathering or protest.

1. Public security must be manifestly endangered

The assembly must present a clear and serious danger to public security. Mere inconvenience or the presence of a crowd does not by itself establish this statutory condition.

2. An Executive Magistrate cannot be contacted

The officer's independent power arises only when communication with an Executive Magistrate is not possible. This distinguishes Section 150 from Section 149 BNSS, which concerns dispersal by armed forces on a Magistrate's requisition.

3. Only specified armed forces officers may act

The section expressly authorises a commissioned or gazetted officer of the armed forces. Section 151(3) BNSS supplies definitions of "armed forces," "officer" and "member" for these provisions.

4. Dispersal and necessary arrests

The officer may employ the armed forces under his command to disperse the assembly and may arrest and confine participants for the purposes stated in the provision. Any action remains subject to applicable constitutional guarantees and other legal limits.

5. Magistrate's control must resume

As soon as communication with an Executive Magistrate becomes practicable, the officer must communicate with the Magistrate and follow instructions on whether the action should continue.

Related legal safeguards and provisions

Section 148 BNSS (formerly Section 129 CrPC): dispersal of certain assemblies through civil force by authorised Magistrates or police officers.
Section 149 BNSS (formerly Section 130 CrPC): use of armed forces to disperse an assembly on the requisition of the competent Executive Magistrate, with a requirement to use as little force and cause as little injury as is consistent with the statutory objective.
Section 151 BNSS (formerly Section 132 CrPC): specifies prior government sanction requirements for prosecution in respect of acts purporting to be done under Sections 148 to 150, and provides qualified protections for specified good-faith conduct. It does not confer unlimited immunity.
Articles 19 and 21 of the Constitution of India: protect fundamental freedoms, including peaceful assembly subject to constitutional restrictions, and life and personal liberty.

Practical significance

Section 150 addresses urgent situations in which waiting for a Magistrate may aggravate a serious threat to public security. Its key limitations are the gravity of the danger, the inability to contact an Executive Magistrate, the officer's prescribed status and the obligation to return to Magistrate supervision once possible. Whether a particular operation was lawful depends on the evidence and circumstances.

Frequently asked questions

What is the BNSS equivalent of Section 131 CrPC?

Section 150 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 131 of the Code of Criminal Procedure, 1973.

Can an armed forces officer disperse an assembly without a Magistrate?

Only a commissioned or gazetted officer may exercise the emergency power when public security is manifestly endangered and no Executive Magistrate can be communicated with.

What happens when contact with an Executive Magistrate becomes possible?

The officer must contact the Executive Magistrate and thereafter follow the Magistrate's directions about continuing or stopping the action.

Official statutory references

Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF

National Crime Records Bureau - BNSS chapter and section text

This article provides general legal information. Consult the applicable official legislation and qualified legal advice for specific cases.