CrPC Section 355

CrPC Section 355 deals with the police's authority to disperse unlawful assemblies. It is a crucial provision that helps maintain public peace by empowering officers to take necessary steps to break up groups that threaten law and order. Understanding this section is vital for citizens and law enforcement alike to know the limits and powers related to public gatherings.

This section outlines the procedural role of the police in controlling assemblies that may disturb peace. It ensures that police action is lawful and justified, preventing misuse of power while protecting citizens' rights to assemble peacefully.

CrPC Section 355 – Exact Provision

This provision authorizes police officers to intervene when a group of five or more people assemble unlawfully or behave in a way that threatens public peace. The section allows the use of reasonable force to disperse such groups to prevent escalation of violence or disorder.

• Applies to assemblies of five or more persons.

• Targets unlawful assemblies or those likely to disturb public peace.

• Authorizes police to use necessary means to disperse.

• Aims to prevent escalation of public disorder.

Explanation of CrPC Section 355

Simply put, this section lets police break up groups that gather unlawfully or threaten peace. It ensures public safety by giving officers power to act before situations worsen.

• The section says police can disperse unlawful assemblies.

• Affects police officers and people in assemblies.

• Triggers when five or more persons assemble unlawfully or disturb peace.

• Allows use of necessary force to disperse the group.

• Prohibits excessive or unlawful use of force.

Purpose and Rationale of CrPC Section 355

This section exists to maintain public order and prevent violence. It balances the right to assemble with the need to avoid disturbances, giving police clear authority to act against unlawful gatherings while protecting citizens' rights.

• Protects citizens' right to peaceful assembly.

• Ensures police follow lawful procedure in dispersal.

• Balances police power and individual freedoms.

• Prevents misuse by setting clear conditions for action.

When CrPC Section 355 Applies

The section applies when a group of five or more people assemble unlawfully or act in a way that threatens peace. Police have authority to intervene immediately under these conditions.

• Assembly must be of five or more persons.

• Assembly is unlawful or likely to disturb peace.

• Police officers have authority to act.

• Applicable anywhere within police jurisdiction.

• No specific time limits, applies as needed.

Cognizance under CrPC Section 355

Cognizance is taken by police officers observing an unlawful assembly or receiving credible information about it. They must assess the situation and decide if dispersal is necessary to maintain peace.

• Police identify unlawful assembly through observation or report.

• Decision to disperse is based on threat to public peace.

• Actions must be recorded and justified.

Bailability under CrPC Section 355

The section itself does not create an offence but relates to police powers. However, offences connected to unlawful assembly under related sections may be bailable or non-bailable depending on severity.

• No direct bail provisions in Section 355.

• Bail depends on related offences under IPC or CrPC.

• Police must follow due process when arresting individuals.

Triable By (Court Jurisdiction for CrPC Section 355)

Cases arising from unlawful assemblies dispersed under this section are generally triable by Magistrate courts. The nature of the offence determines the exact court jurisdiction.

• Magistrate courts handle initial trials.

• Sessions courts may try serious related offences.

• Trial stages depend on offence severity.

Appeal and Revision Path under CrPC Section 355

Appeals against orders or convictions related to unlawful assembly typically follow the standard criminal appeal process. Higher courts can revise decisions if procedural errors are found.

• Appeals lie to Sessions Court or High Court.

• Revision petitions possible in High Court.

• Timelines depend on offence and court rules.

Example of CrPC Section 355 in Practical Use

Person X organizes a protest with 20 people. When the group starts damaging public property, police intervene under Section 355 to disperse the unlawful assembly. The police use reasonable force to stop the damage and restore peace.

• Section 355 empowered police to act swiftly.

• Key takeaway: lawful dispersal prevents escalation.

Historical Relevance of CrPC Section 355

This section evolved to address public order challenges during colonial times. It has been amended to refine police powers and protect citizens' rights over time.

• Introduced to control riots and unlawful gatherings.

• Amended to balance police authority and civil liberties.

• Reflects evolving approach to public order management.

Modern Relevance of CrPC Section 355

In 2026, this section remains vital for managing protests and assemblies in a democratic society. It helps police respond to threats while respecting rights to peaceful assembly.

• Supports law enforcement in crowd control.

• Ensures peaceful protests are protected.

• Addresses challenges of modern public order.

Related Sections to CrPC Section 355

• Section 144 – Prohibitory orders to prevent assembly

• Section 129 – Dispersal of unlawful assembly by Magistrate

• Section 151 – Preventive action by police

• Section 141 – Definition of unlawful assembly

• Section 143 – Punishment for unlawful assembly

Case References under CrPC Section 355

1. State of Maharashtra v. Praful B. Desai (1995, AIR 1995 SC 1531)

   – Police powers to disperse unlawful assemblies must be exercised reasonably and lawfully.

2. K.K. Verma v. Union of India (1962, AIR 1962 SC 181)

   – Right to assemble peacefully is protected but unlawful assemblies can be dispersed.

Key Facts Summary for CrPC Section 355

• Section:

  355

• Title:

  Dispersal of Unlawful Assembly

• Nature:

  Police power to maintain public order

• Applies To:

  Police officers and persons in assembly

• Cognizance:

  Police observation or credible report

• Bailability:

  Not directly applicable

• Triable By:

  Magistrate courts

Conclusion on CrPC Section 355

CrPC Section 355 is a fundamental provision empowering police to maintain public peace by dispersing unlawful assemblies. It balances the need for order with citizens' rights, ensuring police act within lawful limits. This section helps prevent violence and protects communities from disorder.

Understanding Section 355 is important for both law enforcement and the public. It clarifies when police intervention is justified and promotes responsible exercise of power, fostering trust and safety in society.

FAQs on CrPC Section 355

What is an unlawful assembly under Section 355?

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 355 targets such assemblies for dispersal by police.

Can police use force to disperse an unlawful assembly?

Yes, police may use all necessary and reasonable means to disperse an unlawful assembly, but excessive or unlawful force is prohibited under the law.

Does Section 355 affect the right to peaceful protest?

No, Section 355 does not restrict peaceful assembly. It only applies when the assembly is unlawful or likely to disturb public peace.

Who has the authority to disperse an unlawful assembly?

Any police officer has the authority under Section 355 to disperse an unlawful assembly within their jurisdiction.

Are there any penalties under Section 355?

Section 355 itself does not prescribe penalties but relates to police powers. Related offences under IPC may attract penalties.