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Section 149 BNSS to Section 153 BNSS| Section 150 BNSS| Section 151 BNSS| Section 152 BNSS

Updated: Mar 1

Section 149 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Use of armed forces to disperse assembly


(1) If any assembly referred to in sub-section (1) of section 148 cannot otherwise be dispersed, and it is necessary for the public security that it should be dispersed, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may cause it to be dispersed by the armed forces.


(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 Executive 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.


Section 150 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


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 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 151 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Protection against prosecution for acts done under sections 148, 149 and 150.


(1) No prosecution against any person for any act purporting to be done under section 148, section 149 or section 150 shall be instituted in any Criminal Court except—


(a) with the sanction of the Central Government where such person is an officer or member of the armed forces;


(b) with the sanction of the State Government in any other case.


(2) (a) No Executive Magistrate or police officer acting under any of the said sections

in good faith;


(b) no person doing any act in good faith in compliance with a requisition under section 148 or section 149;


(c) no officer of the armed forces acting under section 150 in good faith;


(d) no member of the armed forces doing any act in obedience to any order which he

was bound to obey,


shall be deemed to have thereby committed an offence.


(3) In this section and in the preceding sections of this Chapter,—


(a) the expression "armed forces" means the army, naval and air forces, operating

as land forces and includes any other armed forces of the Union so operating;


(b) "officer", in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted officer;


(c) "member", in relation to the armed forces, means a person in the armed forces other than an officer.


B.—Public nuisances


Section 152 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Conditional order for removal of nuisance.


(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers—


(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or


(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or


(c) that the construction of any building, or, the disposal of any substance, as

is likely to occasion configuration or explosion, should be prevented or stopped; or


(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or


(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or


(f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order—


(i) to remove such obstruction or nuisance; or

(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be

directed; or

(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or

(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or

(v) to fence such tank, well or excavation; or

(vi) to destroy, confine or dispose of such dangerous animal in the manner

provided in the said order,

or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.


(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.


Explanation.—A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.


Section 153 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Service or notification of order.


(1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of summons.


(2) If such order cannot be so served, it shall be notified by proclamation published in such manner as the State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person.


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