Section 148 BNSS: Dispersal of Assembly by Use of Civil Force
Section 148 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers specified Executive Magistrates and police officers to order an unlawful assembly, or an assembly of five or more persons likely to disturb public peace, to disperse. If the assembly does not disperse, or shows a determination not to disperse, the authorised officer may use civil force and, where necessary, arrest and confine persons forming part of the assembly.
- It applies to an unlawful assembly or an assembly of five or more persons likely to cause disturbance of public peace.
- An Executive Magistrate or officer in charge of a police station may command such an assembly to disperse.
- If the officer in charge is absent, a police officer not below the rank of sub-inspector may issue the command.
- Members of the assembly have a statutory duty to disperse after such command.
- If they do not disperse, or clearly show a determination not to disperse, the authorised authority may use force to disperse them.
- Assistance may be required from persons other than officers or members of the armed forces acting as such.
- Arrest and confinement may be used where necessary to disperse the assembly or enable punishment according to law.
Text of Section 148 BNSS
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.
Meaning and scope of Section 148 BNSS
Section 148 forms part of Chapter XI of the BNSS dealing with maintenance of public order and tranquillity. It is specifically placed under the group of provisions concerning unlawful assemblies. The section creates a graduated mechanism: first, an authorised authority may order the assembly to disperse; second, if the assembly refuses or demonstrates an intention not to disperse, civil force may be used for dispersal.
Who can order an assembly to disperse?
Under sub-section (1), the command may be given by an Executive Magistrate or by the officer in charge of a police station. If the officer in charge is absent, the power may also be exercised by another police officer who is not below the rank of sub-inspector.
What kinds of assemblies are covered?
Section 148 covers two categories. The first is an unlawful assembly. The second is an assembly of five or more persons likely to cause a disturbance of the public peace. The statutory wording therefore extends beyond an assembly already characterised as unlawful and also reaches a gathering of the specified size where disturbance of public peace is likely.
Duty to disperse after a lawful command
Once an authorised officer commands the covered assembly to disperse, the members of that assembly are required by the section to disperse accordingly. The command to disperse is therefore the first statutory step contemplated by sub-section (1).
When can civil force be used?
Sub-section (2) permits the authorised Executive Magistrate or police officer to proceed by force in either of two circumstances:
- the assembly does not disperse after being commanded to do so; or
- even without a prior command, the assembly behaves in a manner showing a determination not to disperse.
The statutory purpose of the force is dispersal of the assembly. The provision also permits arrest and confinement where necessary for dispersal or so that persons forming part of the assembly may be dealt with according to law.
Assistance from other persons
For the purpose of dispersing the assembly, the authorised officer may require the assistance of other persons. However, Section 148 expressly excludes an officer or member of the armed forces acting as such from this form of assistance. The use of armed forces is dealt with separately in Section 149 BNSS.
Related BNSS provisions
| Provision | Subject |
|---|---|
| Section 148 BNSS | Dispersal of assembly by use of civil force |
| Section 149 BNSS | Use of armed forces to disperse assembly |
| Section 150 BNSS | Power of certain armed force officers to disperse assembly |
| Section 151 BNSS | Protection against prosecution for acts done under Sections 148, 149 and 150 |
Section 148 BNSS and former Section 129 CrPC
Section 148 BNSS corresponds in subject to former Section 129 of the Code of Criminal Procedure, 1973, which dealt with dispersal of assembly by use of civil force. The BNSS came into force on 1 July 2024. Where a proceeding began under the earlier Code, the applicable procedural position may also require consideration of the repeal and saving provisions.
Official legal resources
For the authoritative statutory text and current Government material, refer to the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.
Frequently asked questions on Section 148 BNSS
What does Section 148 BNSS deal with?
It deals with dispersal by civil force of an unlawful assembly or an assembly of five or more persons likely to disturb public peace.
Who may command an assembly to disperse?
An Executive Magistrate, an officer in charge of a police station, or, in the absence of that officer, a police officer not below the rank of sub-inspector may issue the command.
When may force be used?
Force may be used when the assembly does not disperse after being commanded to do so, or when its conduct shows a determination not to disperse even without such a command.
Can persons forming part of the assembly be arrested?
Yes. Section 148 permits arrest and confinement where necessary for dispersal or so that persons may be punished according to law.
Can armed forces be used under Section 148 itself?
Section 148 deals with civil force. The use of armed forces for dispersal is separately addressed in Section 149 BNSS.
Which CrPC provision dealt with the same subject?
The corresponding subject was dealt with under Section 129 of the Code of Criminal Procedure, 1973.
Last updated: 11 September 2026