UNLAWFUL ASSEMBLY
- Ä What are the powers of a magistrate and a police officer dispersing an unlawful assembly under Cr.P.C?
- Ä State powers of a magistrate or police officer in dispersing an unlawful assembly?
INTRODUCTION
RELEVANT PROVISIONS
Section 127 to 132 Cr.P.C
DISPERSE OF UNLAWFUL ASSEMBLY UNDER SECTION 127
I- AUTHORITY TO PASS AN ORDER UNDER SECTION 127
II- LIKELY TO CAUSE DISTURBANCE OF PUBLIC PEACE
PENALTY FOR DISOBEDIENCE
I- PENALTY UNDER SECTION 145 P.P.C
II- PENALTY UNDER SECTION 151 P.P.C
MODES OF DISPERSING AN UNLAWFUL ASSEMBLY
Following are the different modes given under Cr.P.C for dispersing an unlawful assembly.
I- USE OF CIVIL FORCE TO DISPERSE
i) When civil force is to be used under section 128
ii) Person authorized to use civil force
iii) Assistance of any male person
iv) Arresting and confining the persons
v) Proviso
II- USE OF MILITARY FORCE TO DISPERSE
i) When military force may be used under section 129
ii) Person authorized to use military force under section 129
iii) Assistance of armed forces under section 130
iv) Arresting and confining the persons under section 130
POWER OF COMMISSIONED MILITARY OFFICER TO DISPERSE ASSEMBLY UNDER SECTION 131
I- NO COMMUNICATION WITH POLICE OFFICER POSSIBLE
II- WHEN COMMUNICATION WITH POLICE OFFICER BECOMES PRACTICABLE
PROTECTION AGAINST PROSECUTION FOR ACTS DONE UNDER SECTION 127-131
I- GENERAL RULE
II- EXCEPTIONS TO GENERAL RULE
CONCLUSION
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