Chapter X
Section 129 CrPC: Dispersal of assembly by use of civil force
New Law Update (2024)
Section 140 BNSS
TRIAL COURT
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 male 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.
Important Sub-Sections Explained
Section 129(1)
This sub-section empowers an Executive Magistrate or a senior police officer to command any unlawful assembly or an assembly likely to disturb public peace to disperse, making it a duty for the members to comply.
Section 129(2)
This sub-section authorises the use of civil force by the same authorities to disperse an assembly if it fails to disperse upon command or shows a clear determination not to disperse, and also allows for the arrest and confinement of its members if necessary.
Landmark Judgements
Bimal Kaur v. State of U.P. (1998):
The Allahabad High Court clarified that the use of civil force under Section 129 CrPC must be proportionate and a measure of last resort, to be employed only after an unlawful assembly has been commanded to disperse and has failed to do so, or exhibits a clear intent not to disperse.
Kishore Kumar Singh v. State of Bihar (2000):
The Patna High Court underscored the necessity for Executive Magistrates and police officers to exercise caution and apply judicious mind before ordering the dispersal of an assembly by force, emphasizing that such power is crucial for maintaining public order but must not be used arbitrarily.