Power of certain armed force officers to disperse assembly
Section 131 of the Code of Criminal Procedure, 1973 deals with power of certain armed force officers to disperse assembly. When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such
assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action.
Section 131, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 150 Power of certain armed force officers to disperse assembly Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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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Leather Avenue India vs State of Delhi
Court's Decision & Legal Precedent
When allegations in a complaint disclose commission of cognizable offences, the police have a mandatory statutory duty to register an FIR and conduct investigation in accordance with law, regardless of the severity of injuries or other administrative considerations. The refusal to register an FIR in such circumstances is arbitrary and can be remedied through a writ of mandamus from the High Court.
On this section: Applied for arrest of persons engaged in criminal intimidation and public disturbance; used as basis for police action in detaining the accused
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Ramdhan Gaud vs S.d.m. Tehsil Gola
Court's Decision & Legal Precedent
The High Court has the inherent jurisdiction under Section 482 Cr.P.C. to issue directions to administrative authorities to conclude pending proceedings for removal of public nuisance within a specified timeframe when such proceedings have been unduly delayed, thereby ensuring the ends of justice and preventing abuse of process.
On this section: Preliminary inquiry by S.D.M. regarding public nuisance; used to establish the procedural foundation for the case.
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 131
What have the courts held on Section 131 of the Code of Criminal Procedure?
Leather Avenue India vs State of Delhi (28 May 2002) is the leading judgment on this section among those set out below: Applied for arrest of persons engaged in criminal intimidation and public disturbance; used as basis for police action in detaining the accused. Another 1 judgment on this section is set out below. They run from 2002 to 2022.
How do I find court cases under Section 131 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 131, section 131 CRPC, section 131 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 Leather Avenue India vs State of Delhi (28 May 2002).
What should I read with Section 131 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 150 (Power of certain armed force officers to disperse assembly), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 131 of the Code of Criminal Procedure come into force?
Section 131 of the Code of Criminal Procedure, cited as CRPC 131, 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.