A.--Unlawful assembliesCentral

Section 129 of The Code of Criminal Procedure, 1973

(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.

Summary

Executive Magistrates and police station heads can order an unlawful assembly to break up.
This power also applies to any group of five or more people likely to disturb the peace.
Members of such groups have a legal duty to leave when they are ordered to disperse.
If the group does not leave or shows they will not leave, officers can use force to disperse them.
Officers may arrest and lock up members of the group to force them to disperse or for legal punishment.
Officials can ask any male civilian who is not in the military to help them disperse the crowd.

Practical examples

1A group of protesters blocks a main highway and starts throwing stones. An Executive Magistrate arrives and commands the crowd to disperse immediately.

2A police station head sees a group of six people armed with sticks who seem ready to start a fight. He orders them to leave and, when they refuse, he uses force to clear them out.

3Officer Kumar is trying to stop a small riot. He calls over a passing man, Ajay, and tells him that under the law he must help the police arrest the leaders.

FAQ

1. Who can order a crowd to disperse under Section 129 of the CrPC?

This order can be given by an Executive Magistrate, the head of a police station, or a sub-inspector if the head is away.

2. Can a regular police officer use force under Section 129 of the 1973 Code?

Yes, if the group refuses to leave after being told to, or if they clearly show they will not leave, force can be used.

3. Does Section 129 of the Criminal Procedure Code apply to small groups?

Yes, it applies to any group of five or more people if they are likely to cause a disturbance.

Test yourself

Q1.Under Section 129 of the 1973 Code, which police rank is the minimum required to order dispersal if the station head is absent?

Q2.Who can be legally required to assist in dispersing an assembly under Section 129 of the Code of Criminal Procedure, 1973?

Q3.What is the minimum number of people required for an assembly to be covered by Section 129 of the 1973 Code if it is likely to disturb the peace?

Q4.What is the duty of the members of an assembly once commanded to disperse under Section 129 of the 1973 Act?

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