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The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

[ 22nd March, 1898 ]

Chapter IX

UNLAWFUL ASSEMBLIES

Assembly to disperse on command of Magistrate or police officer
127.(1) Any 1[Executive Magistrate] or officer in charge of a police-station 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) [Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.]
Use of civil force to disperse
128. 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 2[Executive Magistrate] or officer in charge of a police-station, may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer, soldier, sailor or airman in the armed forces of Bangladesh 3[***] 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.
Use of military force
129. If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the 4[Executive Magistrate] of the highest rank who is present 5[or the Police Commissioner in 6[a Metropolitan Area]] may cause it to be dispersed by military force.
Duty of officer commanding troops required by Magistrate to disperse assembly
130.(1) When 7[an Executive Magistrate] 8[or the Police Commissioner] determines to disperse any such assembly by military force, he may require any commissioned or non-commissioned officer in command of any soldiers in the Bangladesh Army 9[* * *] to disperse such assembly by military forced, and to arrest and confine such persons forming part of it as the Magistrate 1[or the Police Commissioner] 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.
 
 
(2) Every such officer 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.
Power of commissioned military officers to disperse assembly
131. When the public security is manifestly endangered by any such assembly, and when 10[no Executive Magistrate] can be communi-cated with, any commissioned officer of the Bangladesh Army may disperse such assembly by military force, 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 11[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.
Protection against prosecution for acts done under this Chapter
132. No prosecution against any person for any act purporting to be done under this Chapter shall be instituted in any Criminal Court, except with the sanction of the Government; and-
 
 
(a) no Magistrate or police-officer acting under this Chapter in good faith,
 
 
(b) no officer acting under section 131 in good faith,
 
 
(c) no person doing any act in good faith, in compliance with a requisition under section 128 or section 130, and
 
 
(d) no inferior officer, or soldier, or volunteer, doing any act in obedience to any order which he was bound to obey,
 
 
shall be deemed to have thereby committed an offence:
 
 
Provided that no such prosecution shall be instituted in any Criminal Court against any officer or soldier in the Bangladesh Army except with the sanction of the Government.
  • 1
    The words “Executive Magistrate” were substituted for the word “Magistrate” by section 46 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 2
    The words “Executive Magistrate” were substituted for the word “Magistrate” by section 47 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 3
    The words, letter commas and figure "or a volunteer enrolled under the Indian Volunteers Act, 1869, and acting as such," were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 4
    The words “Executive Magistrate” were substituted for the word “Magistrate” by section 48 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 5
    The words "or the Police Commissioner in the Dacca Metropolitan Area" were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)
  • 6
    The letter and words "a Metropolitan Area" were substituted, for the words "the Dacca Metropolitan Area" by the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)
  • 7
    The words “an Executive Magistrate” were substituted for the word “a Magistrate” by section 49 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 8
    The words "or the Police Commissioner" were inserted by the Schedule of the Dhaka Metropolitan Police (Amendment) Ordinance, 1976" (Ordinance No. LXIX of 1976)
  • 9
    The words, commas and figure "or of any Volunteers enrolled under the Indian Volunteers Act, 1869," were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 10
    The words “no Executive Magistrate” were substituted for the words “no Magistrate” by section 50 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 11
    The words “an Executive Magistrate” were substituted for the words “a Magistrate” by section 50 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
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