What is Dispersal of assembly by use of civil force? What is Use of armed forces to disperse assembly? Section 129 and 130 of Code of Criminal Procedure 1973
Dispersal of assembly by use of civil force Use of armed forces to disperse assembly are defined under Section 129 and 130 of CRPC 1973. Provisions under these sections are:
Section 129 of CRPC "Dispersal of assembly by use of civil force"
(1) Any Executive
Magistrate or officer incharge of a police station or, in the
absence of such officer incharge, any police officer, not below the
rank of a sub-inspector, 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) 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 Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, 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.
Section 130 of CRPC "Use of armed forces to disperse assembly"
(1) If any such
assembly cannot be otherwise dispersed, and if it is necessary for
the public security that it should be dispersed, the Executive
Magistrate of the highest rank who is present may cause it to be
dispersed by the armed forces.
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
PUBLIC ORDER AND TRANQUILITY
What is Power of certain armed force officers to disperse assembly? What is Protection against prosecution for acts done under preceding sections? Section 131 and 132 of Code of Criminal Procedure 1973
What is Service or notification of order? Person to whom order is addressed to obey or show cause? What is the consequences of his failing to do so? Section 134, 135 and 136 of Code of Criminal Procedure 1973
What is Procedure where existence of public right is denied? Procedure where he appears to show cause? Power of Magistrate to direct local investigation and examination of an expert? Section 137, 138 and 139 of Code of Criminal Procedure 1973
What is Power of Magistrate to furnish written instructions, etc? What are the procedure on order being made absolute and consequences of disobedience? What is injunction pending inquiry? Section 140, 141 and 142 of Code of Criminal Procedure 1973
What is Magistrate may prohibit repetition or continuance of public nuisance? Power to issue order in urgent cases of nuisance or apprehended danger? Section 143 and 144 of Code of Criminal Procedure 1973