Dispersal of assembly by use of civil force
Section 129 of the Code of Criminal Procedure, 1973 deals with dispersal of assembly by use of civil force. 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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
Section 129, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 148 Dispersal of assembly by use of civil force Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Police Commissioner vs Yash Pal Sharma
Court's Decision & Legal Precedent
When police use force to disperse an unlawful assembly, they are authorized to use only reasonable and necessary force as prescribed by Section 129 of the Code of Criminal Procedure and Rule 14.56 of Punjab Police Rules. The force must be used solely for the purpose of dispersing the assembly and not for punitive or repressive purposes. If the police exceeds this limit and uses excessive or brutal force, it violates the fundamental rights of the citizens under Articles 19(1)(a), 19(1)(b), and 21 of the Constitution, and the state is liable to compensate the victim for the tort committed by its employees. The reasonableness of force used must be assessed based on the facts and circumstances of each case, including the nature of the assembly, whether it was armed or unarmed, whether warning was given, and the nature and severity of injuries inflicted.
On this section: Provides authority to police to use force to disperse an unlawful assembly, but only reasonable force. The court held that this provision does not authorize excessive or punitive force.
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Anita Simon vs Simon Rajan
Court's Decision & Legal Precedent
The High Court has the power to direct subordinate courts to dispose of pending matters expeditiously when there is unreasonable delay in the disposal of maintenance recovery petitions. The court can intervene to ensure speedy justice in family maintenance matters by issuing directions to the lower court to dispose of the pending petition within a reasonable timeframe, while preserving the substantive rights of both parties to present their case.
On this section: Enforcement of maintenance orders - basis for the maintenance arrears recovery petition (CMP 37/2020)
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 129
What have the courts held on Section 129 of the Code of Criminal Procedure?
Police Commissioner vs Yash Pal Sharma (30 Sep 2008) is the leading judgment on this section among those set out below: Provides authority to police to use force to disperse an unlawful assembly, but only reasonable force. The court held that this provision does not authorize excessive or punitive force. Another 1 judgment on this section is set out below. They run from 2008 to 2020.
How do I find court cases under Section 129 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 129, section 129 CRPC, section 129 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Police Commissioner vs Yash Pal Sharma (30 Sep 2008).
What should I read with Section 129 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 148 (Dispersal of assembly by use of civil force), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 129 of the Code of Criminal Procedure come into force?
Section 129 of the Code of Criminal Procedure, commonly called unlawful assembly dispersal, and cited as CRPC 129, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.