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Code of Criminal Procedure, 1973 · Chapter X: Maintenance of Public Order and Tranquillity · A.–Unlawful assemblies

Section 130: Use of armed forces to disperse assembly

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNSS section 149 (Use of armed forces to disperse assembly)

(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. 1. Subs. by Act 50 of 2001, s. 3., for —maintenance‖ (w.e.f. 24-9-2001). 2. Subs. by s. 3, ibid., for certain words (w.e.f. 24-9-2001). 3. Subs. by s. 4, ibid., for —maintenance‖ (w.e.f. 24-9-2001). 4. Subs. by s. 4, ibid., for —whom the allowance‖ (w.e.f. 24-9-2001). 5. Subs. by s. 4, ibid., for —allowance due‖ (w.e.f. 24-9-2001).

(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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 130

No Supreme Court judgment in our database cites this section yet.