State the provisions related to the use of armed forces, to disperse unlawful assembly under the Criminal Procedure Code, 1973.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
State the provisions related to the use of armed forces, to disperse unlawful assembly under the Criminal Procedure Code, 1973.

Answer & Explanation:

Section 130 of the Criminal Procedure Code, 1973 provides the provisions relating to Use of armed forces to disperse unlawful assembly. According to this section, 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. 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 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. 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. In addition to this, under the Criminal Procedure Code 1973, Sections 131 and 132 are consequential, addressing the armed forces' power to act in such situations when an Executive Magistrate is unreachable and providing protection against prosecution for acts done in good faith under these provisions. Complementing section 130, Sections 131 and 132 of the Criminal Procedure Code, 1973 expand on these provisions. Section 131 allows commissioned or gazetted officers of the armed forces to act independently to disperse such assemblies when an Executive Magistrate is unavailable, ensuring immediate action to safeguard public security. Section 132 provides protection against prosecution for acts performed in good faith under Sections 129, 130, and 131, requiring prior sanction from the Central or State Government, depending on the individual's role, thereby balancing accountability with operational autonomy. Alternate Answer (Bharatiya Nagarik Suraksha Sanhita 2023) Section 149 of the Bharatiya Nagarik Suraksha Sanhita 2023, provides the provisions relating to Use of armed forces to disperse unlawful assembly. According to this section, if any assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the District Magistrate or any other Executive Magistrate authorised by him may cause it to be dispersed by the armed forces. 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 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. Every such officer of the armed forces shall obey such requisition in such a 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. In addition to this, under the Bharatiya Nagarik Suraksha Sanhita 2023, Sections 150 and 151 are consequential, addressing the armed forces' power to act in such situations when an Executive Magistrate is unreachable and providing protection against prosecution for acts done in good faith under these provisions. Complementing section 149, Sections 150 and 151 of the Bharatiya Nagarik Suraksha Sanhita, 2023 expand on these provisions. Section 150 allows commissioned or gazetted officers of the armed forces to act independently to disperse such assemblies when an Executive Magistrate is unavailable, ensuring immediate action to safeguard public security. Section 151 provides protection against prosecution for acts performed in good faith under Sections 148, 149, and 150, requiring prior sanction from the Central or State Government, depending on the individual's role, thereby balancing accountability with operational autonomy.

Topics: Criminal Procedure Code, 1973

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