Section 148 of BNSS : Section 148: Dispersal of assembly by use of civil force.

Explanation using Example

Example 1:

Scenario: A large group of people gathers in a public park in Mumbai to protest against a new government policy. The protest starts peacefully but soon turns aggressive, with some members of the crowd starting to vandalize public property and block roads.

Application of Section 148:

1. Command to Disperse: The officer in charge of the local police station arrives at the scene and assesses the situation. Seeing the potential for public disturbance, he commands the assembly to disperse immediately.
2. Duty to Disperse: The members of the assembly are legally required to disperse as per the officer's command.
3. Use of Force: If the crowd does not disperse voluntarily, the officer, along with other police personnel, may use reasonable force to disperse the crowd. This could include using batons, tear gas, or water cannons.
4. Assistance from Civilians: The officer may also request assistance from nearby civilians (not members of the armed forces) to help disperse the crowd.
5. Arrest and Confinement: If necessary, the police may arrest and detain individuals who refuse to disperse, to prevent further disturbance and ensure they can be punished according to the law.

Example 2:

Scenario: In a small town in Rajasthan, a group of five people gathers outside a government office to protest against a local administrative decision. The protest is peaceful but starts attracting more people, and the crowd grows larger, raising concerns about potential disruption to public order.

Application of Section 148:

1. Command to Disperse: An Executive Magistrate, present at the scene, assesses the situation and determines that the assembly is likely to cause a disturbance of public peace. He commands the assembly to disperse.
2. Duty to Disperse: The members of the assembly are legally obligated to disperse following the Magistrate's command.
3. Use of Force: If the assembly does not disperse voluntarily, the Magistrate, along with police officers, may use reasonable force to disperse the crowd.
4. Assistance from Civilians: The Magistrate may request assistance from nearby civilians to help in dispersing the assembly.
5. Arrest and Confinement: If the assembly shows a determination not to disperse, the police may arrest and confine the individuals involved to prevent further disturbance and ensure they face legal consequences.

Example 3:

Scenario: During a festival in Kolkata, a group of more than five people starts an impromptu street performance that attracts a large crowd, blocking traffic and causing inconvenience to the public.

Application of Section 148:

1. Command to Disperse: A sub-inspector on duty notices the growing crowd and the disruption it is causing. He commands the assembly to disperse to restore public order.
2. Duty to Disperse: The performers and the crowd are legally required to disperse as per the sub-inspector's command.
3. Use of Force: If the crowd does not disperse voluntarily, the sub-inspector, along with other police officers, may use reasonable force to disperse the crowd.
4. Assistance from Civilians: The sub-inspector may request assistance from nearby civilians to help in dispersing the crowd.
5. Arrest and Confinement: If the crowd shows a determination not to disperse, the police may arrest and confine the individuals involved to prevent further disturbance and ensure they face legal consequences.