Chapter X
Section 130 CrPC: Use of armed forces to disperse assembly
New Law Update (2024)
Section 200 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces.
(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.
(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.
Important Sub-Sections Explained
Section 130(1)
This sub-section empowers the highest-ranking Executive Magistrate present to order the dispersal of an assembly by armed forces, but only when other means of dispersal have failed and it is crucial for public security.
Section 130(3)
This sub-section mandates that any armed forces officer complying with such an order must use the absolute minimum force necessary and cause the least possible injury to persons and property, consistent with achieving the dispersal and any directed arrests.