CrPC Section 140
CrPC Section 140 empowers police to disperse unlawful assemblies to maintain public peace and order.
CrPC Section 140 deals with the authority granted to police officers to disperse unlawful assemblies. It is a crucial provision that helps maintain public peace by preventing gatherings that may lead to violence or disturbance. Understanding this section is important for both law enforcement and citizens to know the limits of lawful assembly and police powers.
This section outlines the procedural steps police must follow to disperse a group deemed unlawful. It ensures that police action is lawful, justified, and aimed at protecting public order without unnecessary use of force. Citizens should be aware of their rights and the legal framework governing assemblies under this section.
CrPC Section 140 – Exact Provision
This section authorizes police or an Executive Magistrate to order the dispersal of an unlawful assembly consisting of five or more persons. If the group refuses to disperse, the authorities may use lawful means to break up the assembly. The provision safeguards public order by preventing potential riots or disturbances.
Applies to assemblies of five or more persons unlawfully gathered.
Allows police or Executive Magistrate to command dispersal.
Permits use of lawful means if assembly does not disperse voluntarily.
Aims to prevent public disorder and violence.
Explanation of CrPC Section 140
This section simply means that if five or more people gather unlawfully, police or a magistrate can order them to leave. If they refuse, authorities can use legal methods to break up the group.
The section says unlawful assemblies must disperse on command.
Affects police officers, Executive Magistrates, and assembly members.
Triggered when five or more persons assemble unlawfully.
Allows commanding dispersal and using lawful force if needed.
Prohibits assemblies that disturb peace and refusal to disperse.
Purpose and Rationale of CrPC Section 140
The purpose is to empower authorities to maintain public peace by controlling unlawful gatherings. It balances the right to assemble with the need to prevent violence or threats to safety. This section prevents escalation of conflicts and ensures orderly conduct in public spaces.
Protects citizens' rights by preventing unlawful assemblies.
Ensures proper procedure before dispersing groups.
Balances police powers with citizens’ freedom of assembly.
Aims to avoid misuse of power or excessive force.
When CrPC Section 140 Applies
This section applies when five or more persons assemble unlawfully and pose a threat to public peace. Police or Executive Magistrates have authority to act immediately to disperse such groups.
Must be an unlawful assembly of at least five persons.
Authority lies with police officers or Executive Magistrates.
Applies in public places or areas affecting public order.
No specific time limit; applies whenever unlawful assembly occurs.
Exceptions if assembly is lawful or authorized by law.
Cognizance under CrPC Section 140
Cognizance is taken when police or an Executive Magistrate observes or receives information about an unlawful assembly. They may then issue a command to disperse the group. If the assembly refuses, lawful means may be used to break it up. This is a preventive measure rather than a criminal proceeding.
Police or Magistrate must identify unlawful assembly.
Command to disperse is issued formally or verbally.
Use of force only if assembly refuses to disperse voluntarily.
Bailability under CrPC Section 140
Section 140 itself does not define bailability as it relates to dispersal of assemblies, not an offence. However, offences arising from unlawful assembly may be bailable or non-bailable depending on the specific crime committed during or after the assembly.
No direct bailability under this section.
Related offences may have separate bail rules.
Bail depends on nature and gravity of subsequent offences.
Triable By (Court Jurisdiction for CrPC Section 140)
Cases arising from unlawful assemblies dispersed under Section 140 are generally triable by Magistrate courts. The Magistrate has jurisdiction to handle offences related to unlawful assembly and public order disturbances.
Trial usually before Magistrate courts.
Sessions Court may hear serious offences linked to assembly.
Summary trials possible for minor offences.
Appeal and Revision Path under CrPC Section 140
Appeals against orders or convictions related to unlawful assembly typically lie with Sessions Courts. Revision petitions can be filed with High Courts if there is an error in jurisdiction or procedure. Timelines depend on the nature of the order or conviction.
Appeal to Sessions Court from Magistrate’s order.
Revision petition to High Court for procedural errors.
Timelines as per CrPC and local rules.
Example of CrPC Section 140 in Practical Use
Person X organizes a protest with six people in a public park without permission. Police arrive and find the assembly unlawful. They order the group to disperse under Section 140. When the group refuses, police use lawful means to break up the assembly, preventing potential violence and maintaining peace.
The section enabled lawful dispersal of an unlawful assembly.
Key takeaway: Police can act swiftly to prevent disorder.
Historical Relevance of CrPC Section 140
Section 140 has roots in colonial laws aimed at controlling public order and preventing riots. Over time, it has been refined to balance state authority and citizens’ rights to assemble peacefully. Amendments have clarified procedures and limited excessive use of force.
Originated from British colonial public order laws.
Amended to protect citizens’ rights and limit police power.
Procedural safeguards added over time.
Modern Relevance of CrPC Section 140
In 2026, Section 140 remains vital for managing public gatherings amid increasing social activism. It helps police maintain peace while respecting lawful protests. Modern concerns include ensuring non-discriminatory application and preventing misuse against peaceful assemblies.
Supports peaceful protest management.
Focus on human rights and lawful policing.
Addresses challenges of digital mobilization and mass gatherings.
Related Sections to CrPC Section 140
Section 129 – Obstructing public servant
Section 141 – Unlawful assembly definition
Section 143 – Punishment for unlawful assembly
Section 144 – Preventive orders to maintain peace
Section 145 – Disputes relating to land possession
Case References under CrPC Section 140
- State of Rajasthan v. Balchand (1977 AIR 2447)
– Police can disperse unlawful assemblies to prevent breach of peace.
- Ram Manohar Lohia v. State of Bihar (1966 AIR 740)
– Right to assemble is subject to reasonable restrictions for public order.
- K.K. Verma v. Union of India (1962 AIR 942)
– Use of force to disperse unlawful assembly must be lawful and proportionate.
Key Facts Summary for CrPC Section 140
- Section:
140
- Title:
Dispersal of Unlawful Assembly
- Nature:
Power-related
- Applies To:
Police, Executive Magistrate, assembly members
- Cognizance:
Taken on observing unlawful assembly
- Bailability:
Not applicable directly
- Triable By:
Magistrate
Conclusion on CrPC Section 140
CrPC Section 140 is essential for maintaining public order by empowering police and magistrates to disperse unlawful assemblies. It protects citizens from potential violence and disruption while ensuring lawful procedures are followed. This balance is crucial in a democratic society that values both peace and freedom of assembly.
Understanding this section helps citizens know their rights and responsibilities during public gatherings. It also guides law enforcement in acting within legal boundaries, preventing misuse of power and safeguarding democratic freedoms. Overall, Section 140 plays a key role in peaceful coexistence and public safety.
FAQs on CrPC Section 140
What is an unlawful assembly under Section 140?
An unlawful assembly is a group of five or more persons gathered with a common intent to commit an offence or disturb public peace. Section 140 applies to disperse such gatherings.
Who can order dispersal of an unlawful assembly?
Any Executive Magistrate or police officer has the authority to command an unlawful assembly to disperse under Section 140.
Can police use force to disperse the assembly?
Yes, if the assembly refuses to disperse after being ordered, police may use all lawful means to break it up, ensuring the force used is reasonable.
Does Section 140 affect the right to peaceful protest?
No, Section 140 targets unlawful assemblies. Peaceful and lawful protests are protected under the right to assemble, provided they do not disturb public order.
Is there a penalty for refusing to disperse?
Refusal to disperse after a lawful order can lead to prosecution under related sections for unlawful assembly or obstructing public servants.